Chase v. Ingalls
Massachusetts Supreme Judicial Court
Tort ; against Ingalls, as a deputy sheriff for Bristol, for an alleged illegal arrest of the plaintiff; and against Carrier, as keeper of the county jail, for alleged illegal imprisonment of the plaintiff therein.
Read the full summary
Tort ; against Ingalls, as a deputy sheriff for Bristol, for an alleged illegal arrest of the plaintiff; and against Carrier, as keeper of the county jail, for alleged illegal imprisonment of the plaintiff therein. The cases were tried together, in the superior court, befoio Fose, J,, and the counsel for the plaintiff stated in his opening, that he expected to prove that in proceedings for divorce commenced in this court by Mary Jane Chase, the plaintiff’s wife, a divorce was granted to the libellant, and that at April term 1865 a decree in her favor, for alimony, for the sum of eleven…
1Opinion of the CourtWells, J.
The execution, upon which the plaintiff was arrested and committed, was regular in form, and bore the affidavit and certificate of a magistrate as provided by the Gen. Sts. c. 124, § 5. Primé facie, it is a complete defence to the officers acting in accordance with its directions. The defect relied on by the plaintiff to deprive them of its protection is the fact, now admitted, that the magistrate who made the certificate was the attorney of record of the party in whose favor the execution issued.
It is settled law that an officer is protected by his precept, if the court or magistrate had…
2Cases cited2 opinions
- Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816
- Sandford v. NicholsMassachusetts Supreme Judicial Court · 1816
3Cited by25 opinions
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- McIlroy v. McIlroyMassachusetts Supreme Judicial Court · 1911
- Murray v. MurraySupreme Court of Alabama · 1887
- Child v. Boston & Fairhaven Iron WorksMassachusetts Supreme Judicial Court · 1884
20 more not listed; retrieve them via the Exa API.