Thomas v. Douglas County

Citations

• 13 S.D. 520
• 83 N.W. 580
• 1900 S.D. LEXIS 180

Syllabus

<p>1. Under Laws 1895, Cbap. 63, § 1, which provides that no suit shall be instituted against a county to enforce the collection of a claim unless such claim has been duly presented to and acted upon by the board of county commissioners, if is not essential that a claim so presented shall contain a complete statement of a cause of action, but, if it is fully itemized and contains a statement of the facts that will enable the board to understand and determine it upon its merits, it is sufficient.</p> <p>2. Comp. Laws, § 1413, which requires a sheriff to indorse a statement of his fees upon any warrant or process in which the state or county is interested, and to file the same with the clerk of the court before judgment is pronounced in the action, and prohibiting the county commissioners from allowing such fees where he fails to do so, does not prohibit the allowance of .the fees and expenses of a sheriff as agent for the state in bringing back a fugitive from justice upon an extradition warrant because it is not'shown that he has filed such statement with the examining magistrate.</p>