Tudor v. Lewis
Court of Appeals of Kentucky
CASE 44 — PETITION ORDINARY — APPEAL FROM MADISON CIRCUIT COURT. cited. Rev. Statutes, 16th article, sections 1 and 2, page 263; Morgan's Vade Mecum, vol. 1, page 164; 1 Comyn's Dig., 414, 415; 1 SaUceld, 17, 18; 6 Johns., 62; 9 lb., 329; Story on Bailments, sec. 620 ; Jones on Bailments, page 22; 7 B. Mon., 163; 12 B. Mon., 410 to 420. cited Rev. Statutes, page 377, section 2> title Guards. cited Rev. Statutes, page 377, sec. 2; Criminal Code, sec. 30.
1Opinion of the CourtChief Justice Stites
This suit was brought against a constable and his sureties, for the value of a slave, charged to have been lost to the owner in consequence of the misconduct and negligence of the constable, whilst in the discharge of his official duties.
The petition, after setting out the official bond, proceeds to~^ show a breach thereof in substance as follows :
“That said Lewis, after his appointment and qualification as constable, under some pretended writ issued by Thos. Boone, a justice of the peace for Madison county, forcibly took from the plaintiff her negro slave, Richard, and without her knowledge…
2Cases cited2 opinions
- Hill v. BarlowSupreme Court of Louisiana · 1843
- Carmichal v. ElmendorfCourt of Appeals of Kentucky · 1817
3Cited by66 opinions
- Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
- Shayeb v. HollandMassachusetts Supreme Judicial Court · 1947
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
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