Lloyd v. Board of Commissioners
Montana Supreme Court
Appeal from, Second Judicial District, Silver Bow County. Action for money paid for the benefit of another. Judgment for plaintiff was rendered by Pemberton, J. Statement of the case by the justice delivering the opinion: This is an appeal by the board of county commissioners from a judgment in favor of plaintiff, the sheriff of that county, for money paid out for the services of a jailer and for a death watch for a prisoner under sentence of death.
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Appeal from, Second Judicial District, Silver Bow County. Action for money paid for the benefit of another. Judgment for plaintiff was rendered by Pemberton, J. Statement of the case by the justice delivering the opinion: This is an appeal by the board of county commissioners from a judgment in favor of plaintiff, the sheriff of that county, for money paid out for the services of a jailer and for a death watch for a prisoner under sentence of death. There was also an appeal from an order denying a new trial. It appears from the record that the sheriff filed his account with the board of…
1Opinion of the CourtDe Witt, J.
— It appears that, by the statutes of the state} the sheriff has the custody of the jail of his county, and the prisoners therein. (Comp. Stats., div. 5, § 1270.) He is to keep the prisoners, and he is personally liable for their escape, if it occurs. Under these circumstances the statute properly gives to the sheriff the appointment of his jailer. In the case at bar the sheriff made such appointment. The absolute necessity of the appointment of the second jailer, Richards, was proved, and is conceded. The jail of that county was a busy place by day and by night, and as much so by night as by…
Also in this document: Concurrence.
2Cases cited2 opinions
- Bailey v. BussingSupreme Court of Connecticut · 1859
- Skillin v. MerrillMassachusetts Supreme Judicial Court · 1819
3Cited by3 opinions
- Sears v. Gallatin CountyMontana Supreme Court · 1898
- Majors v. County of Lewis & ClarkMontana Supreme Court · 1921
- Gavigan v. Silver Bow CountyMontana Supreme Court · 1935