Harrington v. Ward
Massachusetts Supreme Judicial Court
Case against the defendant, sheriff of the county of Worcester, for the neglect of one of his deputies. The declaration contained three counts, on the last of which alone the question in the action arose.
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Case against the defendant, sheriff of the county of Worcester, for the neglect of one of his deputies. The declaration contained three counts, on the last of which alone the question in the action arose. That count alleges, in substance, that the plaintiff, with one Jonathan Nelson, one Daniel Nelson, and one Ashael Allen, made their joint and several note to one Daniel Waldo, for 750 dollars, payable in 57 days, and dated the 18th of December, 1808; that the note being unpaid, Waldo sued out a writ of attachment thereon, against all the said promisors, and delivered the same to one William…
1Opinion of the Court
Curia.
The action is, indeed, of a new impression. We are all, however, clear in the opinion that it does not lie. No action lies against the sheriff, either for his own default, or for that of his deputy, but at the suit of one to whom the sheriff is bound by the duty of his office.' In relation to a suit pending, whether in the service of the original writ, the execution, or any intermediate process, he is answerable for his neglects to none but the plaintiff or the defendant in such suit. Judgment in this case cannot be rendered for the plaintiff upon the rerdiet.
Judgment arrested.
2Cited by14 opinions
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