Phillips v. Bridge
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, who was at the time of its commencement sheriff of this county, for a supposed default of one of his deputies, in not causing to be satisfied, out of the goods and chattels of one Enoch Jones, an execution obtained against him by the present plaintiffs, upon a judgment recovered by them at the Court of Common Pleas in January, 1809. The declaration originally alleged the liability of the defendant to have arisen from the…
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This was an action of the case against the defendant, who was at the time of its commencement sheriff of this county, for a supposed default of one of his deputies, in not causing to be satisfied, out of the goods and chattels of one Enoch Jones, an execution obtained against him by the present plaintiffs, upon a judgment recovered by them at the Court of Common Pleas in January, 1809. The declaration originally alleged the liability of the defendant to have arisen from the neglect of HezeJciah Wyman, his deputy ; and a new count, which was filed by leave of * the Court, after objection by…
1Opinion of the CourtParker, J.
The first question made by the defendant’s counsel is upon the competency of Mr. Fuller as a witness; without whose testimony there would be no evidence of the delivery of the plaintiffs’ execution to any officer. This objection was taken at the trial, and, being overruled, the question is saved by the exceptions.
The incompetency of the witness is made to rest upon his liability, with his partner, to answer to the creditor for negligence in not delivering the execution seasonably to the sheriff or his deputy, in case the present suit is not maintained against the sheriff.
We are of opinion…
2Cases cited8 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
- Fisk v. HerrickMassachusetts Supreme Judicial Court · 1810
- Haynes v. MorganMassachusetts Supreme Judicial Court · 1807
- Lane v. JacksonMassachusetts Supreme Judicial Court · 1809
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Adams v. Board of Trustees of Internal Improvement FundSupreme Court of Florida · 1896
- Stewart v. ConnerSupreme Court of Alabama · 1846
- Lane v. JacksonMassachusetts Supreme Judicial Court · 1809
- Bridges v. PerrySupreme Court of Vermont · 1842
- Carpenter v. GookinSupreme Court of Vermont · 1829
22 more not listed; retrieve them via the Exa API.