Walker v. Foxcroft
Supreme Judicial Court of Maine
Trespass, for taking a horse from the plaintiff. The plaintiff, being a deputy of the defendant, who is sheriff of the county, in the execution of his official duty attached the horse by virtue of an original writ in his hands against the owner of the horse, and delivered him to a third person for safe keeping, taking an obligation from the bailee to see him forthcoming •, and made due return of the precept with his doings thereon.
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Trespass, for taking a horse from the plaintiff. The plaintiff, being a deputy of the defendant, who is sheriff of the county, in the execution of his official duty attached the horse by virtue of an original writ in his hands against the owner of the horse, and delivered him to a third person for safe keeping, taking an obligation from the bailee to see him forthcoming •, and made due return of the precept with his doings thereon. Afterwards, and while this attachment was in force, another deputy of the defendant, having an execution against the same debtor, seised the horse while in custody…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court, at the ensuing August term in Oxford, as follows.
No case, in all respects similar to the present, has been cited on either side; yet we think that the principles which are established in some of those which have been cited, lead to an easy and satisfactory decision of the case at bar. Though the action is against the sheriff, the exceptions show that it was commenced to recover damages for an alleged wrong of Sioett, one of his deputies.
In this state, a deputy sheriff is an officer under oath, having rights and being subject to. liabilities, not…
2Cases cited2 opinions
- Watson v. ToddMassachusetts Supreme Judicial Court · 1809
- Perley v. FosterMassachusetts Supreme Judicial Court · 1812
3Cited by3 opinions
- Lawson v. JeffriesMississippi Supreme Court · 1873
- Lyman v. HolmesSupreme Court of Vermont · 1915
- Dufour v. AndersonIndiana Supreme Court · 1884