Cunningham v. County of San Joaquin

California Supreme Court

Cunningham v. County of San Joaquin

49 Cal. 323

CourtCalifornia Supreme Court

DecidedJuly 1, 1874

DocketNo. 3,987

StatusPublished

Cited by5 cases

This text of 49 Cal. 323 (Cunningham v. County of San Joaquin) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cunningham v. County of San Joaquin, 49 Cal. 323 (Cal. 1874).

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Opinions

By the Court, McKinstry, J.:

The “executing a warrant of arrest” and the “taking a prisoner before a magistrate” are mentioned in the statute as separate and distinct acts.

The words “in going only” which immediately precede the words “in executing any warrant of arrest,” cannot be held to apply to the taking of a prisoner before the magistrate, except as applicable to the distance traveled from the place of the arrest to the magistrate, and the officer making the arrest was entitled to his mileage for that distance.

The officer was entitle to his mileage (outside of San Joaquin county) in going to make an arrest and in taking a prisoner toward the magistrate.

Judgment reversed. The District Court will enter a judgment in accordance with the foregoing.

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