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· 10/13/1893

Overall v. County of Tulare

Citations

  • 100 Cal. 61
  • 34 P. 519
  • 1893 Cal. LEXIS 747

Syllabus

<p>Sheriff—Mileage —Unsuccessful Search for Criminal.—Under section 9 of the Act of March 5, 1870 (Statutes of 1869-70, p. 159), fixing the fees of the sheriff of Tulare county, that officer is not entitled to recover from the county mileage for the distance traveled in an unsuccessful search for persons charged with the commission of a crime, although the persons are subsequently found and arrested by him upon a second search.</p> <p>Id.—Arrests for Misdemeanor Without Warrants.—Section 9 of the Act of 1870 does not entitle the sheriff to mileage for the distance traveled in going from the county-seat to other towns in which he has made several arrests for misdemeanor without warrants, when he went to the towns where the arrests were made without any knowledge of any crime having been committed by any of the persons arrested.</p> <p>Id.—Fees of Sheriff.—The sheriff is entitled to such fees only as are allowed by law.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • after judgment county was not allowed to raise argument that contract with it was not written
  • after judgment county was not allowed to raise argument that contract with it was not written

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