91 Wis. 442 | Wis. | 1895
The judgment is affirmed upon plaintiff’s appeal.
The statute contemplates that assistance in making arrests may sometimes be necessary, and it provides for such assistance. It makes it compulsory upon the person called upon by the officer to render assistance. R. S. sec. 4488. But it is not contemplated that assistance will be ordinarily necessary in making arrests for mere misdemeanors or about the mere ordinary police of villages, but infrequently and in important and urgent cases. But when such assistance is called, that creates no debt upon the officer. The service is not rendered to the officer, but to the public; and the officer is under no obligation to pay for it. If he do so, it is as a mere volunteer, and the money paid cannot be recovered. It is enough that the statute has not provided for the reimbursement of such expenditures by the county. Cases cited above.
The judgment of the circuit court is reversed upon the county’s appeal.
By the Oowrt.— Ordered accordingly.