Haffner v. United States Fidelity & Guaranty Co.
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. Robert M. Terrell, Judge. Plaintiffs seek to recover damages for taking of property and making of arrest by sheriff. Motion for change of venue denied.
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APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. Robert M. Terrell, Judge. Plaintiffs seek to recover damages for taking of property and making of arrest by sheriff. Motion for change of venue denied. “Acts done by virtue of office are where the acts are within the authority of the officer, but in doing it. he exercises that authority improperly, or abuses the confidence which the law reposes in him, while acts done by color of office are where they are of such a nature that his office gives him no authority to do so.” (Feller v. Gates, 40 Or. 543, 91…
1Opinion of the CourtMccarthy, J.
The complaint contains two causes of action- The material facts alleged in the first are that appellant Jeffries, while sheriff of Power county, with the assistance of appellant Allred, took from respondents’ possession in Bannock county certain of their personal property, representing that appellant Jeffries had the right so to do by virtue of power vested in him as such sheriff, and by virtue of a warrant for the arrest of respondent Christian Haffner. Respondents seek to recover of appellants as damages for the taking of said property the sum of $1,100. The second cause of action is for…
2Cases cited4 opinions
- People Ex Rel. Kellogg v. SchuylerNew York Court of Appeals · 1850
- Gerber v. AckleyWisconsin Supreme Court · 1875
- State ex rel. Stephens v. District CourtMontana Supreme Court · 1911
- Feller v. GatesOregon Supreme Court · 1902
3Cited by15 opinions
- Helgeson Ex Rel. Helgeson v. PowellIdaho Supreme Court · 1934
- Bergin v. TempleMontana Supreme Court · 1941
- Eubanks v. BrownWashington Supreme Court · 2014
- Meihak v. SchreckenghaustSouth Dakota Supreme Court · 1941
- Drake v. KeelingSupreme Court of Iowa · 1941
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