Legal Opinion

Majors v. County of Lewis & Clark

Montana Supreme Court

Decided October 3, 1921No. 4,433PublishedCited by 8 opinions

Appeal from District Court, Lewis amd Claris, County; R. Lee Word, Judge. Action by Edward J. Majors; against Lewis and Clark County, and another. Judgment for defendants. Plaintiff appeals. Under the statutes of Montana, the sheriffs of the various counties, and not the 'boards of county commissioners, are the “manager or proper authorities” having control of federal prisoners in county jails within the meaning of section 5547, United States Revised Statutes.

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Appeal from District Court, Lewis amd Claris, County; R. Lee Word, Judge. Action by Edward J. Majors; against Lewis and Clark County, and another. Judgment for defendants. Plaintiff appeals. Under the statutes of Montana, the sheriffs of the various counties, and not the 'boards of county commissioners, are the “manager or proper authorities” having control of federal prisoners in county jails within the meaning of section 5547, United States Revised Statutes. (Lloyd v. Board of Commrs., 15 Mont. 435, 39 Pae. 457; In re Kays, 35 Fed. 288; Avery, v. Dima County, 7 Ariz. 26, 60 Pac. 702.) That…

1Opinion of the CourtJustice Holloway

This action was brought to recover money alleged to have been received by the defendant to the plaintiff’s use.

The complaint sets forth that from January, 1917, to January, 1919, plaintiff was sheriff of Lewis and Clark county; that during his term there were confined in the Lewis and Clark county jail a large number of persons committed thereto by judgments or orders of the federal authorities for this district — the total number of days during which such persons were so confined amounted to 7,886; that by agreement the *613United States paid for the subsistence of such persons seventy-five…

2Cases cited4 opinions

  1. Hersey v. NeilsonMontana Supreme Court · 1913
  2. Avery v. Pima CountyArizona Supreme Court · 1900
  3. In re KaysDistrict Court, S.D. California · 1888
  4. Lloyd v. Board of CommissionersMontana Supreme Court · 1895

3Cited by8 opinions

  1. Gordon v. H. C. Smith Construction Co.Montana Supreme Court · 1980
  2. Holland, Jailer v. Fayette CountyCourt of Appeals of Kentucky (pre-1976) · 1931
  3. Fitzpatrick v. State Board of ExaminersMontana Supreme Court · 1937
  4. Binford v. Harris CountyCourt of Appeals of Texas · 1924
  5. Board of Commissioners of Tulsa County v. MarsSupreme Court of Oklahoma · 1941

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