Proctor v. Cascade County
Montana Supreme Court
Appeal from District Court, Cascade county. J. B. Leslie, Judge. Action by C. C. Proctor, sheriff, against Cascade county. Plaintiff had judgment, and defendant appeals. Statement of the case by the justice delivering the opinion. This was an appeal from the action of • the County Commissioners of Cascade county in disallowing a portion of the bill of respondent, as sheriff of Cascade county, for transporting an insane patient to the state insane asylum.
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Appeal from District Court, Cascade county. J. B. Leslie, Judge. Action by C. C. Proctor, sheriff, against Cascade county. Plaintiff had judgment, and defendant appeals. Statement of the case by the justice delivering the opinion. This was an appeal from the action of • the County Commissioners of Cascade county in disallowing a portion of the bill of respondent, as sheriff of Cascade county, for transporting an insane patient to the state insane asylum. The respondent claimed mileage under Section 4604 of the Political Code, but the Board of County Commissioners allowed him his actual…
1Opinion of the CourtHunt, J.
Section 4604, Political Code, having been passed at the Fourth session of the legislature, it is the duty of the court, under a statute of that same session (Section 5181, Political Code,) to give it full force and effect, in like manner as if it had been adopted after the passage of the four codes. By doing this we find that its provisions expressly control the fees allowed a sheriff “for transporting any person by order of court. ’5 The language used is sweeping. It covers instances of prisoners transported to the penitentiary, *317of insane persons transported to the asylum, of persons…
2Cases cited2 opinions
- Tracy v. TufflySupreme Court of the United States · 1890
- State ex rel. Aachen & Munich Fire Insurance v. RotwittMontana Supreme Court · 1895
3Cited by5 opinions
- Jobb v. County of MeagherMontana Supreme Court · 1898
- State ex rel. Nolan v. Montana Railway Co.Montana Supreme Court · 1898
- City of Helena v. RoganMontana Supreme Court · 1902
- Dowty v. PittwoodMontana Supreme Court · 1899
- Brannin v. Sweet Grass CountyMontana Supreme Court · 1930