Gulf, Colorado & Santa Fe Railway Co. v. Dawson
Citations
- 69 Tex. 519
- 7 S.W. 63
- 1888 Tex. LEXIS 889
Syllabus
<p>1. Sheriff’s Costs. — Construing article 2396 (Rev. Stats.), held: that a sheriff, charging, tor service of process, can only rightfully charge for the distance actually traveled in any case, but be is entitled to charge the amount specified in the statute for eaen writ, though he may serve a number in making one trip. When two or more persons are mentioned in the same writ, he can charge for but one mileage. The fact that the sheriff in executing process, may go in person a portion of the way towards th.es witness he is required to summon, and, before reaching him, mav deliver the process to a, deputy, by whom it is served and returned by mail ■ will not affect the right of the sheriff-to charge mileage for his return trip.</p>
Judges: Gaines
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