Overall v. County of Tulare

The Court The plaintiff was sheriff of Tulare county from January 7, 1889, until January 5, 18.91. During that time no salary was attached to his office, [62]but he was entitled to charge and receive for official services such fees as were allowed by law. On November 29, 1890, he presented to the board of supervisors for allowance a claim against the county for $770.40. Of this claim $284.70 was for “ miles traveled hunting for” one McFarlane, and $485.30 for “ miles traveled in hunting for” one McKinney, both of whom had been charged with the commission of crime. On January 12, 1891, the hoard allowed and ordered paid $201 on this claim.

On January 30, 1891, plaintiff presented to the board of supervisors for allowance another claim against the county for $690.50. This claim was for services in traveling to places away from the county-seat and arresting and bringing before justices of the peace a large number of alleged criminal offenders. On March 5, 1891, the board allowed and ordered paid $461.50 on this claim.

Plaintiff was not, satisfied with the amounts so allowed and refused to accept the same, and thereupon he commenced this action to recover the full amount of his two claims, setting out a separate cause of action upon each claim. Attached to the complaint are copies of the claims presented to the board, duly itemized and marked respectively “ Exhibit A” and “ Exhibit B.”

The gist of the first cause of action is stated in the complaint as follows:

“ That between the twenty-sixth day of November, 1889, and the first day of February, 1890, the plaintiff as such sheriff necessarily traveled 2,568 miles within said state in executing warrants in criminal cases. And that thereby said defendant became and still is justly indebted to plaintiff in the sum of $770.40, no part of which has been paid.”

And the gist of the second cause of action is thus stated:

“ That between the tenth day of November, 1890, and the fifth day of January, 1,891, defendant became and still is justly indebted to plaintiff for services performed [63]as such sheriff, for mileage necessarily traveled and for serving subpoenas and warrants in criminal cases to the amount of $689.50, no part of which has been paid.” The answer denied all the material averments of the complaint, and upon the issues thus raised the case was tried by.the court without a jury. The court found that the plaintiff was entitled to recover the full amount claimed, less the sum of $27.60, which had been twice charged in “Exhibit B.” Judgment was accordingly entered in favor of the plaintiff for the sum of $1,432.30 and costs of suit.