{
  "id": 1326130,
  "name": "Logan County v. Roady",
  "name_abbreviation": "Logan County v. Roady",
  "decision_date": "1892-11-12",
  "docket_number": "",
  "first_page": "581",
  "last_page": "585",
  "citations": [
    {
      "type": "official",
      "cite": "56 Ark. 581"
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    "id": 8808,
    "name": "Arkansas Supreme Court"
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      "reporter": "Ark.",
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          "page": "724"
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      "cite": "22 Ark. 595",
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      "reporter": "Mo.",
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      "reporter": "Ark.",
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        1877138
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      "cite": "22 Ark. 595",
      "category": "reporters:state",
      "reporter": "Ark.",
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        8727353
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  "last_updated": "2023-07-14T19:23:39.429633+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Logan County v. Roady."
    ],
    "opinions": [
      {
        "text": "Hughes, J.,\nafter stating the facts as above reported, This case is controlled by section 1414 of Mansfield\u2019s Digest, which provides : \u2018 \u2018 The county court is hereby prohibited from auditing and allowing to any officer any fee or allowance not specifically allowed such officer by law, and in no case shall constructive fees be allowed to or paid officers by any county of this State.\u201d Cole v. White County, 32 Ark. 45.\n\u201c The sheriff is allowed a per diem for attending upon the court when in session, and fees for serving all process, etc., etc., and the law seems to have contemplated that he would compensate his deputies out of the fees and emoluments of his office.\u201d Jefferson County v. Hudson, 22 Ark. 595. In this case Hudson claimed pay for the services of seven deputies rendered the circuit court for sixteen days.\nIn the case at bar the appellee was the regular deputy of the sheriff, and performed such duties as the sheriff was obliged to perform in his official capacity and for which the sheriff received pay. These services were not a part of the necessary expenses of the circuit court which the circuit judge might certify to the county court for payment under the statute.\nThe declaration of law by the circuit court was erroneous. The judgment is reversed, and the cause is remanded for a new trial.",
        "type": "majority",
        "author": "Hughes, J.,"
      }
    ],
    "attorneys": [
      "Hugh P. Thomason, Judge.",
      "Anthony Hall for appellant.",
      "John S. Little for appellee."
    ],
    "corrections": "",
    "head_matter": "Logan County v. Roady.\nOpinion delivered November 12, 1892.\n1. Sheriff \u2014 Compensation of deputy.\nThe county is not bound to pay for the services of a deputy sheriff in attending upon the circuit court; the sheriff must compensate his deputies out of the fees and emoluments of his office.\n2. Expenses of court.\nSuch services are not such a necessary part of the expenses of the circuit court as the circuit judge is empowered, by section 1376 of Mansf. Dig., to certify to the county court for payment.\nAppeal from Logan Circuit Court.\nHugh P. Thomason, Judge.\nSTATEMENT BY THE COURT.\nThe Logan circuit court, at its January term, 1890, made an order for the sheriff of Logan county to employ special bailiffs during the term. Under this order O. C. Wood, sheriff, employed his chief deputy, the appellee, to act as court-room bailiff. On August 6,1890, appellee hied in the office of the clerk of the county court of Logan county his claim against the county, as follows :\n\u2018 \u2018 Logan County,\n\u25a0\u201cTo W. C. Roady, Deputy Sheriff of Logan County, Dr.\n\u201c January Term, 1890.\n\u201c To services as guard and special bailiff, appointed by the sheriff of Logan county, O. C. Wood, from the 6th day of January, 1890, to the 1st day of February, 1890, inclusive, twenty-four days, at $3 per day; circuit judge having entered an order for sheriff to employ necessary assistance during said court. $72.00\n\u201cW.C. Roady.\u201d\n\u201c State of Arkansas, )\nLog'au County, f\n\u2018 \u2018 I hereby certify that the foregoing account is correct and just, and that the services therefor charged were ordered by the circuit court at its January, 1890, term.\n\u2018 \u2018 W. R. Cherry,\n\u201cClerk of Circuit Court.\n\u201cH. F. Thomason,\n\u201c Judge, etc,\u201d\nAnd duly verified by appellee, as required by section 1412, Mansfield\u2019s Digest.\nOn October 10, 1890, the Logan county court disallowed the claim, and appellee appealed to the circuit court.\nOn trial de novo in the circuit court appellee testified :\n\u201cI am the plaintiff in this action. I am a deputy sheriff of Logan county. Have been deputy sheriff constantly since November 1, 1888. I am the chief or office deputy of the sheriff of the county. O. C. Wood is the sheriff of the county. I was deputy sheriff at the January, 1890, term of this court. For that term of the court the criminal docket contained 164 cases. There were about fifteen persons in jail at that term. I was employed by the sheriff as court-room bailiff for that term of the court, and did the general 1 roustabout \u2019 work of a courtroom bailiff. My services were necessary to facilitate the court in its work. G. G. Dandridge was the jailor, and also waited on the grand jury. J. C. Berfy and J. G. Ashinghust were the special bailiffs who had charge of the petit juries in the Bolling and Coulter murder cases. These cases occupied the court for fifteen days. These juries were kept in charge by bailiffs Berry and Ashinghust. The county court allowed Dandridge, Berry and Ashinghust each $2 per day during the time that they served as bailiffs. While I was employed as court-room bailiff, I was acting deputy sheriff, though I don\u2019t think that my fees for process served during that term of the court would exceed five or six dollars. I think, while I was acting- as court-room bailiff during that term of the court, I lost deputy sheriff\u2019s fees to the amount of seventy-five or one hundred dollars. At the April, 1890, term of the Logan county court, the county court allowed me fees amounting to about sixty or seventy dollars. These were my fees in nol. j>ros. cases, and in cases where defendants were acquitted, the county being then liable for the costs. I do not know what my fees at that term of the court amounted to in cases where the parties were convicted. I also had fees in a great many cases that were continued and not disposed of at that term of the court. All of these fees were for services rendered before I was employed as court-room bailiff. I served as court-room bailiff twenty-four days. I charged S3. This I think was a reasonable charge, and the services were worth this amount. The county court refused to allow me this account.\u201d\nThe court declared the law in this case to be \u201c that the county is liable for said sum of $72,\u201d and rendered judgment in favor of appellee for the amount of his claim against appellant; \u201cand further ordered that, upon filing a copy of this judgment with the county clerk, he issue his warrant to said Roady for said sum,\u201d to which judgment appellant at the time excepted.\nA motion for new trial was filed on the following points : (1) The court erred in declaring the law to be with the plaintiff. (2) The court erred in rendering judgment against the defendant. (3) The judgment of the court is not sustained by sufficient evidence. (4) The judgment of the court was contrary to the law. The motion for new trial being overruled, the county took her bill of exceptions, and appealed to this court.\nAnthony Hall for appellant.\n1. Constructive fees not allowed \u2014 no officer entitled to fees not specifically allowed bylaw. Mansf. Dig. sec. 1414. Persons who serve the public must be content with the compensation provided by the plain letter of the law. 67 Mo. 687 ; 25 Ark. 235 ; 32 id. 45 ; 47 id. 442 ; 55 id. 387.\n2. Sheriffs may appoint deputies (Mansf. Dig. sec. 6318), but there is no provision to compensate deputies, except the fees allowed sheriffs. Ib. sec. 3247; 22 Ark. 595.\n3. These services were not a part of the necessary expenses of the circuit court, which the circuit judge could certify to the county court for payment. Mansf. Dig. sec. 1410.\nJohn S. Little for appellee.\nThe circuit court has power by proper orders to compel sheriffs to employ special bailiffs to aid the court in expediting its business, and the fees therefor become part of the necessary expenses of the circuit court, to be paid on the certificate of the circuit judge. Mansf. Dig. secs. 1376, 1431-2, 6326-7; 23 Ark. 723, 724."
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  "file_name": "0581-01",
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}