Bystrom v. Rohlen

134 Minn. 67 | Minn. | 1916

Taylor, C.

This is an appeal from an order made by the district court of Swift county apportioning between the parties hereto the reward given by statute for the arrest and conviction of a horse thief. Appellants contend that respondent is barred from participating in,thc reward by the fact that he was a constable and the night marshal of the village of Milan. Neither the theft nor the arrest took place within that village, and the arrest was made without a warrant. While a village constable as a peace officer may, under certain circumstances, make an arrest outside his village and without a warrant for an offense committed outside the village, the law does not command him to do so, and if he aids in making such an arrest he may participate in a reward offered for the arrest and conviction of the offender. Burkee v. Matson, 114 Minn. 233, 130 N. W. 1025, 34 L.R.A. (N.S.) 924.

Order affirmed.