Legal Opinion

Campbell v. Phelps

Massachusetts Supreme Judicial Court

Decided September 15, 1822PublishedCited by 2 opinions

This was an action of trespass de bonis asportatis against the defendant as sheriff of the. county of Hampden. The pleas were, first, the general issue ; and, secondly, a special plea in bar, setting forth, in substance, that the taking complained of as the trespass was by William King, a deputy of the defendant, by virtue of an execution, which issued upon a judgment recovered by one Sheldon against the Chester Glass Company ; to satisfy which, King took the goods described…

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This was an action of trespass de bonis asportatis against the defendant as sheriff of the. county of Hampden. The pleas were, first, the general issue ; and, secondly, a special plea in bar, setting forth, in substance, that the taking complained of as the trespass was by William King, a deputy of the defendant, by virtue of an execution, which issued upon a judgment recovered by one Sheldon against the Chester Glass Company ; to satisfy which, King took the goods described in the declaration, belonging to the plaintiff, who was a member of that company : that afterwards the plaintiff…

1Opinion of the Court

The opinion of the Court (Thacher and Wilde, Justices, dissenting) was read by Wilde J. at May term 1823, at Springfield, as drawn up by

Parker C. J.

[After a statement of the facts.] Whether these facts constitute a good bar to the present action against the sheriff, is the question for us to determine.

It has been argued by the defendant’s counsel, that if the sheriff is to be considered a co-trespasser with his deputy, in any tortious act done by the latter, a judgment recovered against the deputy, without satisfaction, is of itself a bar ; but although this principle may be supported by some…

2Cases cited3 opinions

  1. Bruckner's lessee v. LawrenceMichigan Supreme Court · 1843
  2. Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
  3. Draper v. ArnoldMassachusetts Supreme Judicial Court · 1815

3Cited by2 opinions

  1. Raleigh, Charlotte & Southern Railroad v. Mecklenburg Manufacturing Co.Supreme Court of North Carolina · 1914
  2. Sanderson v. CaldwellSupreme Court of Vermont · 1826

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