Logan County v. Roady

• Decision Date: 12 November 1892
• Citation: 20 S.W. 519
• Parties: LOGAN COUNTY v. ROADY.
• Court: Arkansas Supreme Court

20 S.W. 519

LOGAN COUNTY v. ROADY.

Supreme Court of Arkansas.

November 12, 1892.

Appeal from circuit court, Logan county; HUGH F. THOMASON, Judge.

Action by W. C. Roady against Logan county to recover for services as court bailiff. From a judgment for plaintiff, defendant appeals, Reversed.

The other facts fully appear in the following statement by HUGHES, J.:

The Logan circuit court, at its January term, 1890, made an order for the sheriff of Logan county to employ special bailiffs during the term. Under this order, O. C. Wood, sheriff, employed his chief deputy, the appellee, to act as court-room bailiff. On August 6, 1890, appellee filed in the office of the clerk of the county court of Logan county his claim against the county, as follows:

"Logan County to W. C. Roady, Deputy Sheriff of Logan County, Dr. January Term, 1890. To services as guard and special bailiff, appointed by the sheriff of Logan county, O. C. Wood, from the 6th day of January, 1890, to the 1st day of February, 1890, inclusive, twenty-four days, at $3 per day, — circuit judge having entered an order for sheriff to employ necessary assistance during said court, — $72.00. W. C. ROADY."

"State of Arkansas, Logan County. I hereby certify that the foregoing account is correct and just, and that the services therefor charged were ordered by the circuit court at its January, 1890, term. W. R. CHERRY, Clerk of Circuit Ct. H. F. THOMASON, Judge, etc."

— And duly verified by appellee, as required by section 1412, Mansf. Dig. On October 10, 1890, the Logan county court disallowed the claim, and appellee appealed to the circuit court. On trial de novo in the circuit court appellee testified: "I am the plaintiff in this action. I am a deputy sheriff of Logan county. Have been deputy sheriff constantly since November 1, 1888. I am the chief or office deputy of the sheriff of the county. O. C. Wood is the sheriff of the county. I was deputy sheriff at the January, 1890, term of this court. For that term of the court the criminal docket contained 164 cases. There were about fifteen persons in jail at that term. I was employed by the sheriff as court-room bailiff for that term of the court, and did the general `roustabout' work of a court-room bailiff. My services were necessary to facilitate the court in its work. G. G. Dandridge was the jailer, and also `waited on' the grand jury. J. C. Berry and J. G. Ashinghust were the special bailiffs, who had charge of the petit juries in the Bolling and Coulter murder cases. These cases occupied the court for fifteen days. These juries were kept in charge by Bailiffs Berry and Ashinghust. The county court allowed Dandridge, Berry, and Ashinghust each $2 per day during the time that they served as bailiffs. While I was employed as court-room bailiff I was acting deputy sheriff, though I don't think that my fees for process served during that term of the court would exceed five or six dollars. I think while I was acting as court-room bailiff during that term of the court I lost deputy sheriff's fees to the amount of seventy-five or one hundred dollars. At the April, 1890, term of the Logan county court the county court allowed me fees amounting to about sixty or seventy dollars. These were my fees in nol. pros. cases, and in cases where defendants were acquitted; the county being then...