County of Maricopa v. Clifford Corp, Civil 3499

• Decision Date: 18 December 1934
• Docket Number: Civil 3499
• Parties: COUNTY OF MARICOPA, a Body Politic of the State of Arizona, United States of America, Appellant, v. CLIFFORD CORP, Appellee
• Court: Arizona Supreme Court

39 P.2d 351

44 Ariz. 506

COUNTY OF MARICOPA, a Body Politic of the State of Arizona, United States of America, Appellant, v. CLIFFORD CORP, Appellee

Civil No. 3499

Supreme Court of Arizona

December 18, 1934

APPEAL from a judgment of the Superior Court of the County of Maricopa. M. T. Phelps, Judge. Judgment reversed and case remanded, with instructions.

Mr Renz L. Jennings, County Attorney, and Mr. M. L. Ollerton Deputy County Attorney, for Appellant.

Mr Herman Lewkowitz and Mr. J. B. Zaversack, for Appellee.

OPINION

PER CURIAM.

This is an action brought by Clifford Corp, as plaintiff, against County of Maricopa, a municipal corporation, as defendant, under the provisions of the Declaratory Judgment Act (Rev. Code 1928, § 4385 et seq.), asking the court to interpret the meaning of chapter 74, Session Laws 1929, so far as the mileage of jurors is concerned. In order to determine this it is necessary that we review at some length the principles governing jury service and the history of legislation in Arizona on the subject.

Jury service is not a matter of choice, or right, but is a duty, imposed by the state. State v. Walker, 192 Iowa 823, 185 N.W. 619; Garrett v. Weinberg, 54 S.C. 127, 31 S.E. 341, 34 S.E. 70. It is analogous to military duty in time of war, in that the citizen designated by the state for jury duty must, like the soldier, serve whether he likes it or not, on such terms as the state may fix. Such being the case, compensation for jury duty is not a common-law right, but is purely statutory and, in the absence of statute, compensation cannot be recovered. Hilton v. Curry, 124 Cal. 84, 56 P. 784. Let us then see what the Arizona legislature has said on this subject. We quote the substance of the various statutes on the subject from 1901 to the present time.

Paragraph 2631, Civil Code 1901:

"2631. Each juror for each day's attendance on court shall be paid by the county two dollars, and for each mile actually and necessarily traveled by the juror from his residence to the court, twenty cents, to be computed one way only, and to be paid by the county."

Session Laws 1907, chap. 7:

"That each juror for each day's attendance on District Court shall be paid by the County Three ($3.00) Dollars, and for each mile actually and necessarily traveled by the juror from his residence to the Court, Twenty Cents, to be computed one way only and to be paid by the County."

Civil Code 1913, paragraph 3207:

"3207. Each juror for each day's attendance on the superior court shall be paid by the county three dollars, and for each mile actually and necessarily traveled by the juror from his residence to the court, ten cents, to be computed one way only, and to be paid by the county."

Session Laws 1921, chap. 5:

"Each juror, for each day's attendance on the Superior Court, shall be paid by the County Four Dollars and Fifty Cents ($4.50); and for each mile actually and necessarily travelled by the juror from his residence to the Court, ten cents (10") to be computed one way only, and to be paid by the County."

Section 1487, Revised Code of 1928:

"§ 1487. Jurors' Fees and Mileage. Each juror, for each day's attendance on the superior court, shall be paid by the county four dollars and fifty cents, and for each mile actually and necessarily traveled each day by the juror from his residence to the court, ten cents to be computed one way only, and to be paid by the county. Each juror for each day's attendance upon any justice court or upon...