Overall

Overall v. County of Tulare

Good Law
100 Cal. 61·1893 Cal. LEXIS 747·34 P. 519
Supreme Court of CaliforniaOctober 13, 1893No. 18116California1,366 words

Opinion

lead Opinion

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,…

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