Weld v. Bartlett
Massachusetts Supreme Judicial Court
Case, in which the defendant, as sheriff of the county of Essex, is charged for the neglect and default of Jacob Cobum, his deputy. The plaintiff alleges that a writ of attachment and capias, sued out by himagainst one William, Hill, was delivered to Cobum, and that he neglected to serve it upon Hill, although in his presence, &c.; and that Cobum afterwards falsely returned upon the same writ, that he had arrested Hill, and taken bail for his appearance.
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Case, in which the defendant, as sheriff of the county of Essex, is charged for the neglect and default of Jacob Cobum, his deputy. The plaintiff alleges that a writ of attachment and capias, sued out by himagainst one William, Hill, was delivered to Cobum, and that he neglected to serve it upon Hill, although in his presence, &c.; and that Cobum afterwards falsely returned upon the same writ, that he had arrested Hill, and taken bail for his appearance. The declaration also contains averments of a judgment recovered in the suit against Hill, of the loss of the fruits of the suit, expenses…
1Opinion of the CourtParker, J.
The only question submitted to us in this case is, whether, the misfeasance being proved as charged in the declaration, it was competent for the jury to receive evidence in mitigation of damages, in order to reduce the sum found by them below the amount of the judgment in the former suit.
The action is case, and for a tort, in which it is peculiarly the right of the jury to assess the damages, and in which they are not restricted to any precise sum. They may give more than the former judgment, if they believe that the wrong was wilful on the part of the officer; for they may, and sometimes do,…
2Cases cited5 opinions
- Cæsar v. BradfordMassachusetts Supreme Judicial Court · 1816
- Middlesex Turnpike Co. v. WentworthSupreme Court of Connecticut · 1832
- Bowen v. HuntingtonSupreme Court of Connecticut · 1820
- Drake v. ChesterSupreme Court of Connecticut · 1818
- Weeks v. LawrenceSupreme Court of Vermont · 1829
3Cited by34 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- S. & M. Allen v. Suydam & BoydNew York Supreme Court · 1838
- Fay v. ParkerSupreme Court of New Hampshire · 1872
- Taylor v. Johnson ex rel. A. W. & W. P. CarmichaelSupreme Court of Georgia · 1855
- Beacon Trust Co. v. WrightMassachusetts Supreme Judicial Court · 1934
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