23 Kan. 256 | Kan. | 1880
The opinion of the court was delivered by
This was an action brought by L. D. Honn against the board of county commissioners of Osborne county, upon the following facts: In an action by the state against three different parties, before a justice of the peace for a misdemeanor, the parties were convicted, and sentenced to pay a fine and costs, and stand committed to the county jail of Ellis county (there being no jail in Osborne county) until such fine and costs were paid. And such fine and costs not being paid, a warrant of commitment was issued on the judgment, and placed in the hands of said L. D. Honn, who was sheriff of Osborne county, for execution. Honn executed the writ, and then filed a claim with the county clerk of Osborne county, against the county, for his costs and expenses. The items of the costs and expenses were for mileage, for stage fare, for railroad fare, and for boarding, lodging and guarding the prisoners. It would seem that the county board allowed the items for boarding, lodging and guarding the prisoners, and refused to allow the items for mileage and stage fare and railroad fare. Honn then appealed to the district court, and in the district court he obtained a judgment for said last-mentioned items, to wit, for said mileage, stage fare and railroad fare. The only question then for this court to determine is, whether Honn is entitled to recover against the county for said last-mentioned items. It is the duty of the board of county commissioners to furnish a good and sufficient jail in their own county. (Gen. Stat., ch. 25, §4; ch. ■53, §1.) And it is their duty to allow the sheriff his reasonable charges for supplying prisoners confined in the county
The judgment of the court below will be reversed, and cause remanded with the order that judgment be rendered in favor of the county for costs.