Cravath v. Plympton
Massachusetts Supreme Judicial Court
This was an action of the case, originally commenced by the plaintiff against the said Goodenow, late a deputy under William Hildreth, Esq., late sheriff of this county, for a nonfeasance in neglecting to levy an execution for the plaintiff on the body of his debtor. The intestate, in his lifetime, pleaded not guilty, and died before a trial of the issue.
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This was an action of the case, originally commenced by the plaintiff against the said Goodenow, late a deputy under William Hildreth, Esq., late sheriff of this county, for a nonfeasance in neglecting to levy an execution for the plaintiff on the body of his debtor. The intestate, in his lifetime, pleaded not guilty, and died before a trial of the issue. At November term, 1814, the defendant, having sued out letters of administration on the estate of Goodenoto, came into Court, and moved that the action should be dismissed, on the ground, that it did not survive against him.
1Opinion of the Court
The action stood continued nisi for the consideration of this motion, and, at the succeeding March term in Suffolk, the opinion of the Court was delivered by
Putnam, J.
It is settled in many of the books, (1) that trespass does not lie against the executor of a gaoler for an escape ; and, in the case of Hambly & al. vs. Trott, Adm., (2) it was decided, that actions arising ex delicto, as, for assault and battery, imprisonment, trespass, words, nuisance, and escape against the sheriff, die with the person.
The principles adopted seem to be, that, where the deceased, by a tortious act, acquired…
2Cited by16 opinions
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