George P. Catlin v. Town Georgia

The plaintiff is the sheriff of Franklin County and the keeper of the Franklin County jail. Wilfred Lamothe, a resident of the defendant town, was committed to the jail upon a certified execution, issued after a judgment against him in an action of tort. The cause of action arose in the defendant town. On the day following his commitment the plaintiff notified the defendant's overseer of the poor that he would look to the town for the expense of the keeping of the prisoner. The overseer declined to pay. After the discharge of Lamothe, this action of contract was brought, based upon G. L. 4222, to recover for the expense of his keep. After a trial by jury a verdict was directed for the plaintiff, and the case is here upon the defendant's exceptions. G. L. 4222, so far as is material, is as follows: ""If a transient person * * * is committed to jail and is in need of relief * * * the jailer * * * shall be at the expense of relieving and supporting such person, until he represents his situation * * * * to the overseer of the poor of the town in which the offense was committed, after which the overseer of the town so notified shall provide for his support; and, if the overseer neglects to provide for such support, the person so supporting him may recover therefor in an action of contract, on this statute, against the town so notified * * * * *"" All of the exceptions involve the same question. The plaintiff introduced no evidence tending to show that Lamothe was without financial resources. The defendant claimed that he was a man of means and not in need of relief during the time he was in jail, and offered to show the extent of his property and its availability. The evidence was excluded, and the defendant excepted. An exception was also taken to the direction of the verdict, the ground being that there was no evidence tending to show that Lamothe was in need of relief.