Sears v. Gallatin County
Montana Supreme Court
Appeal from District Court, Gallatin Coimty. F. K. Armstrong, Judge. Action by Charles Sears against Gallatin county. From a judgment in favor of defendant, plaintiff appeals. Statement of the case by the justice delivering the opinion. Plaintiff brought this action to recover judgment for $25 on account of services rendered and money expended by him as a member of the sheriff’s posse comitatus.
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Appeal from District Court, Gallatin Coimty. F. K. Armstrong, Judge. Action by Charles Sears against Gallatin county. From a judgment in favor of defendant, plaintiff appeals. Statement of the case by the justice delivering the opinion. Plaintiff brought this action to recover judgment for $25 on account of services rendered and money expended by him as a member of the sheriff’s posse comitatus. It appeared that the sheriff of Gallatin county attempted to execute a warrant for the apprehension of one Morgan, charged with the commission of a felony in that county. Being unable to take Morgan,…
1Opinion of the CourtPigott, J.
The single question presented in the court below and in this court is whether or not a county is liable for services rendered by members of a sheriff’s posse comitatus.
Section 4381 of the Political Code provides that the sheriff must ‘ ‘arrest and take before the nearest magistrate for examination, all persons who attempt to commit, or have committed, a public offense,” and that he must “command the aid of as many male inhabitants of his county as he may think necessary in the execution of these duties. ’ ’
Section 1460 of the Penal Code provides : “When a sheiiff or other public officer…
Also in this document: Concurrence.
2Cases cited8 opinions
- Yavapai County v. O'NeillArizona Supreme Court · 1892
- Kuehn v. City of MilwaukeeWisconsin Supreme Court · 1896
- Presby v. Klickitat CountyWashington Supreme Court · 1892
- Lamont v. Solano Cty.California Supreme Court · 1874
- Chapin v. FerryWashington Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Anderson v. Board of Com'rs of Grant CountySupreme Court of Oklahoma · 1914
- Board of Com'rs of Washita County v. BrettSupreme Court of Oklahoma · 1912
- Annala v. McLeodMontana Supreme Court · 1949
- State ex rel. Johnson v. SmithSupreme Court of Minnesota · 1901
- State ex rel. McGrade v. District CourtMontana Supreme Court · 1916
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