6 Or. 215 | Or. | 1876
This was an action brought by appellant as the sheriff of Wasco county, to recover compensation fdr the services of his jailor. It is alleged in the complaint that subsequent to the election of plaintiff to the office of sheriff of said county, and prior to the commencement of this action, there were confined in the county jail of said county from one to three prisoners; and in order to guard them properly, he had to appoint and keep a jailor for a period of four months. That the services of said jailor were reasonably worth seventy-five dollars per month, amounting in the aggregate to three hundred dollars. That said amount is legally chargeable to and due from defendant. The plaintiff had presented said claim to the county commissioners of said county for allowance, and that the same has been disallowed and rejected by them. To this complaint the respondent demurred, on the ground that it did not state facts sufficient to constitute a cause of action. The court below sustained the demurrer, and rendered judgment against plaintiff for costs and disbursements, from which judgment he has appealed.
The question presented on this appeal is whether the sheriff of Wasco county is entitled under the laws of the state to recover a reasonable compensation from the county for the services of the person appointed by him to be keeper of the county jail. We think not. Section 995 of the Civil
The judgment of the court below is affirmed.
