Ross v. Philbrick
Supreme Judicial Court of Maine
Ok EXCEPTIONS from Nisi Prius, Bioe, J., presiding. Tbespass for taking certain personal property belonging to plaintiff.
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Ok EXCEPTIONS from Nisi Prius, Bioe, J., presiding. Tbespass for taking certain personal property belonging to plaintiff. The defendant justified as a deputy sheriff that the property was seized on July 22,1853, on a writ of possession in favor of one John Rangely v. plaintiff, and disposed of according to law; also that on the 19th of August following, the same property was attached on a writ, Noah Burn-ham v. plaintiff, subject to the former seizure, and that the action was then pending in Court. It appeared that Burnham, by his agent, directed the defendant to make sale of the property…
1Opinion of the CourtCutting, J.
— In the six carpenters’ case, 8 Coke, 290, “it was resolved when entry, authority or license is given to any one by the law, and he doth abuse it, he shall bo a trespasser ab initio.1’ Or in other words, “ where the law has given an authority, it is reasonable, that it should make void every thing done by an abuse of that authority, and leave the abuser, as if he had done every thing without authority.” Bacon’s Abr. Trespass, B.
This rule of the common law applies to all subordinate executive officers, and serves to confine them within the limits of their legal duties; and when we consider…
2Cases cited1 opinion
- Gardner v. CampbellNew York Supreme Court · 1818
3Cited by5 opinions
- Ryan v. YoungSupreme Court of Alabama · 1906
- Bozzuto v. OuelletteSupreme Judicial Court of Maine · 1979
- Palmer v. McMasterMontana Supreme Court · 1891
- Wurmser v. StoneCourt of Appeals of Kansas · 1895
- Dufour v. AndersonIndiana Supreme Court · 1884