Riley v. Taber
Massachusetts Supreme Judicial Court
Writ of review of an action of tort brought by Richard Everett in the name of Taber against Riley as a deputy sheriff for official misfeasance.
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Writ of review of an action of tort brought by Richard Everett in the name of Taber against Riley as a deputy sheriff for official misfeasance. At the trial of the review in the court of common pleas, there was evidence that Everett, in order to secure himself against liability as receiptor for property of Taber attached on mesne process, took an assignment from Taber of a claim against one Chace, which he agreed forthwith to sue, and did prosecute in Taber’s name to judgment and execution, becoming liable for the costs of that suit. That execution was delivered to Riley, as deputy sheriff,…
1Opinion of the CourtMerrick, J.
It is contended by the plaintiff in review that if it appears from the facts agreed that he ought to have paid over to Everett any part of the money collected by him on the execution of Taber against Chace, the omission to do so was a direct and immediate injury to Everett, for which he was entitled to an action in his own name, and on account of which he could maintain none in the name of Taber. It is upon this ground alone that he objects to the correctness and regularity of *373the proceedings in the original action, and upon which he claims to be entitled to judgment in this.
But the objection…
2Cases cited3 opinions
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Dunn v. SnellMassachusetts Supreme Judicial Court · 1819
- Lytle v. LytleCourt of Appeals of Kentucky · 1859