Monahan v. San Diego County (1892) · DecisionDepot

Monahan v. San Diego County

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Mar 28, 1892 No. No. 14,703Published

Before: Vanclief

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Holding. The court held that a constable is entitled to recover mileage fees for both traveling to make an arrest and for transporting the arrested person to the magistrate or jail.

Issues

Whether a constable may charge mileage for both the trip to make an arrest and the subsequent trip to transport the prisoner to the court or jail.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The questions presented were decided adversely to appellant’s contention in Allen v. Napa County, 82 Cal. 187, 23 Pac. 43, following Cunningham v. San Joaquin County, 49 Cal. 323. I think the judgment should be affirmed.”

Synopsis

Constables—Mileage Fees.—Under Act of March 5, 1870, providing that constables shall receive mileage for “every mile necessarily traveled, in going only, in executing any warrant of arrest, subpoena, or venire, bringing up a prisoner on habeas corpus, taking prisoners before a magistrate or to prison,” a constable is entitled to mileage both for the distance traveled in going to make an arrest, and for that traveled in bringing his prisoner from the place of arrest to the magistrate or to prison. -Allen v. Napa County, 82 Cal. 187, 23 Pac. 43, followed.

VANCLIEF, C. The plaintiff, as a constable, charged the defendant fees for services in criminal cases, amounting to $578.75, and presented to the board of supervisors his verified, itemized bill for this amount. The board allowed his claim to the extent of $384, but rejected it for the balance of $194.95, on the ground that the charge for the sum rejected was for “mileage in bringing various persons arrested by him from [488]the place of arrest to the court from which the warrant of arrest was issued, or from the place of arrest to the county jail, in addition to mileage for going from the place where said process was issued to the place where the arrest was made; that is to say, .... claimed mileage for both going to arrest such persons, and for bringing' such persons before the magistrate or to prison from the place of arrest.” Plaintiff sued and recovered judgment for his entire demand. The defendant brings this appeal from the judgment on the judgment-roll.

The questions presented were decided adversely to appellant’s contention in Allen v. Napa County, 82 Cal. 187, 23 Pac. 43, following Cunningham v. San Joaquin County, 49 Cal. 323. I think the judgment should be affirmed.

We concur: Fitzgerald, C.; Belcher, C.

PER CURIAM. For the reasons given in the foregoing opinion the judgment is affirmed.

Monahan v. San Diego County

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