Betts v. Dimon
Supreme Court of Connecticut
THIS was an action against the defendant, as sheriff of the county of Fairfield, for the escape of one Ebenezer Merrick. The cause was tried at Fairfield, December term 1818, before Edmond, Smith and Gould, Js. Merrick, who was an inhabitant of Huntington, was committed, on an execution in favour of the plaintiff, an inhabitant of Reading, to the gaol in Fairfield.
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THIS was an action against the defendant, as sheriff of the county of Fairfield, for the escape of one Ebenezer Merrick. The cause was tried at Fairfield, December term 1818, before Edmond, Smith and Gould, Js. Merrick, who was an inhabitant of Huntington, was committed, on an execution in favour of the plaintiff, an inhabitant of Reading, to the gaol in Fairfield. Shortly afterwards, the poor prisoner’s oath was administered to him, by Joseph Backus, Esq. a justice of the peace for the county of Fairfield, being an inhabitant of Stratford; and he then departed from the limits of the gaol,…
1Opinion of the Court
Hosmer, Ch. J.
The administration of the legal oath to *109a poor imprisoned debtor, is an act strictly ministerial. There is nothing in the mode of procedure, or in the nature of the power exercised, evincing it to be judicial. There is no plaintiff, who complains of an injury; no defendant, of whom satisfaction is demanded ; no action or mode of redress, for an injury sustained. The enquiry, in its nature and extent, to ascertain the legality of administering the oath, is not at all distinguishable from that which is often necessary for the purpose of exercising a ministerial function. Every…
2Cited by18 opinions
- Flournoy v. City of JeffersonvilleIndiana Supreme Court · 1861
- Eastman v. StateIndiana Supreme Court · 1887
- Wilkins v. StateIndiana Supreme Court · 1888
- State ex rel. Reynolds v. Board of CommissionersIndiana Supreme Court · 1874
- State v. HowardSupreme Court of Vermont · 1909
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