Saxton v. Sanborn County

I dissent from the opinion of the majority. To me the facts in the instant case do not differ materially from those in Bartron Clinic v. Kallemeyn, 60 S.D. 598, 245 N.W. 393, 395. In that case the sheriff of Hamlin County apprehended two persons after their admittance to a hospital in another county. This court in that case said that the sheriff “could not lawfully leave them in appellant’s hospital excepting only upon one theory, namely, that they were his prisoners; that it was his duty as sheriff to provide reasonably for their welfare; and that their condition demanded and it was his duty…