Waterhouse v. Waite
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, as sheriff of the county of Cumberland, for the neglect of his deputies in the service of an execution.
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This was an action of the case against the defendant, as sheriff of the county of Cumberland, for the neglect of his deputies in the service of an execution. The declaration alleges that the plaintiff, in the Supreme Judicial Court, October term, 1807, recovered judgment against one Joshua Dunn for the sum of 178 dollars 30 cents, as by the record, &c., and on the 18th of November in that year sued his execution on the said judgment, and delivered the same to one Jacob Thurlo, a deputy of the pla.intiff, to be by him served, &c., and directed him to levy the same on certain land of the said…
1Opinion of the Court
Curia.
Two questions have been under our consideration in this case. Whether the action is maintained; and what damages the plaintiff is entitled to recover, supposing the action maintained.
Upon the first question we are not perfectly agreed, as to the effect of the evidence before us. If it were clear that [ * 210 ] *the undertaking of Thurlo, the deputy of the defendant, was merely personal; that, for an agreed compensation, he engaged to the plaintiff to procure the registry of the execution and return, we should be unanimous in the opinion that the defendant is not liable to an action for…
2Cases cited1 opinion
- Ladd v. BluntMassachusetts Supreme Judicial Court · 1808
3Cited by11 opinions
- Brown v. LuntSupreme Judicial Court of Maine · 1854
- Sayre v. NicholsCalifornia Supreme Court · 1857
- Haskell v. VarinaMassachusetts Supreme Judicial Court · 1872
- Runlett v. BellSuperior Court of New Hampshire · 1831
- Hamilton v. CarterWashington Supreme Court · 1895
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