JACKSON GRAY, PLAINTIFF IN ERROR
v.
LEON COUNTY, DEFENDANT IN ERROR
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A constable sued Leon County to recover $135.55 in fees for serving a warrant and transporting an accused across county lines. The county argued the warrant lacked required endorsement by a judge or justice of the peace in Manatee County, rendering the constable ineligible for compensation. The Florida Supreme Court reversed, holding that the lack of endorsement affects the validity of the arrest but not the constable's entitlement to fees for services performed.
The lack of endorsement pertains to the validity of the arrest but does not affect the constable's right to receive his fees. An executive officer of the court who has fully performed his duty is entitled to compensation as provided by law.
“The lack of endorsement pertains to the validity of the arrest. Paxon v. Moran, 76 Fla. 463, 80 So. R. 313. It does not affect the right of the constable to receive his fees.”
Establishes the core holding that procedural defects in warrant issuance do not strip the officer of earned compensation
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Join FLexlaw to unlock all legal intelligenceJackson Gray, a constable in Leon County, served a warrant issued by a justice of the peace in Leon County for an arrest in Manatee County. Gray trave…
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Chillingworth, Circuit Judge:
The plaintiff a constable in Leon County, sued Leon County for $135.55, as his fees in a criminal case. The warrant was issued by a justice of the peace in Leon County, and served by the sheriff in Manatee County. Plaintiff on being notified of the arrest, went to Manatee County. > Plaintiff took the accused in custody and returned with him, all without any objection on the part of the accused. The accused was duly tried, convicted and sentenced. The sentence and costs were paid, including the amount of $135.55, as fees of the constable. The warrant was not endorsed by a judge or justice of the peace living in Manatee County, as provided by Sec. 6027, Rev. Gen. Stats, of Florida. The defendant contends that without this endorsement plaintiff can not recover anything for his fees. Judgment on the pleadings was entered for defendant.
The lack of endorsement pertains to the validity of the arrest. Paxon v. Moran, 76 Fla. 463, 80 So. R. 313. It does not affect the right of the constable to receive his fees. The executive officer of the court, having fully performed his duty, was entitled to compensation as provided by law.
Reversed.
Per Curiam. — The record in this cause having been considered by this Court, and the foregoing opinion prepared under Chap. 7837, Acts of 1919', adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the Court below should be, and the same is hereby, reversed.
Whitfield, Terrell, Strum and Buford, J. J., concur. Ellis, J.
There was no legal liability upon the county to pay the legal costs and expenses of the plaintiff including his fees because the defendant Abner was neither insolvent nor was he discharged. He was convicted and paid his fine which went into the county treasury. He also paid the legal costs, expenses including fees of the plaintiff. There is no provision for such sums being paid into county treasury. See Art. 16 Sec. 9 Amended 1894. The county therefore had no concern in the case made by the declaration nor the points presented by the second plea. It was liable on this common count of money paid to the use of the plaintiff and for money received by it for the plaintiff’s use.
The case was tried on a wrong theory.
Judgment should be reversed with leave to amend declaration in accordance with the views expressed above.
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Citator
Cited By
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Barfield v. State, 117 Fla. 544 (Fla. 1934)…for peremptory writ, notwithstanding the answer, was granted. This writ of error was to' the decree awarding the peremptory writ. We have examined the record and the briefs and while secondary facts are not parallel to those in Gray v. Leon County, 96 Fla. 476, 118 So. 305, and Osecola County v. State, 115 Fla. 5, 155 So. 119, the underlying principles are the same, so the judgment below must be and is hereby affirmed on authority of the last cited cases. Affirmed. [*546] • Davis, C. J., and Whitfield, B…
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Traylor v. State, 151 Fla. 322 (Fla. 1942)…s had been the intention of the Legislature we see no reason for repeating the provision quoted here in the Act since the charge admitted to be proper is stated elsewhere in the same Section. This Court approved such a charge in Gray v. Leon County 96 Fla. 476, 118 So. 305. We do not see that the showing is sufficient to reverse the trial court so his judgment is affirmed. WHITFIELD, Acting Chief Justice, BUFORD and CHAPMAN, JJ., concur.…
Authorities Cited
- Paxon v. Moran, 76 Fla. 463 (Fla. 1918)