Chandler v. Rutherford
Court of Appeals for the Eighth Circuit
In Error to tlie United States Court of Appeals in the Indian Territory. This case was tried and determined below on demurrer to the complaint, which was adjudged insufficient to sustain a judgment.
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In Error to tlie United States Court of Appeals in the Indian Territory. This case was tried and determined below on demurrer to the complaint, which was adjudged insufficient to sustain a judgment. The first paragraph of the complaint, which was filed by James Chandler, the plaintiff in error, alleged, in substance, that Samuel M. Rutherford, one of the defendants in error, and one of the defendants below, was the duly appointed and acting United States marshal in and for the Northern district of the Indian Territory, and that the other defendants in error, to wit, George Sparks, John F.…
1Opinion of the CourtThayer, Circuit Judge
' It is now well settled, although the proposition was at one time disputed, that the sureties on the official bond 'of a marshal, sheriff, con*777stable, or other ministerial officer may be held liable when the officer having process in his hands commanding him to seize the property of one person in fact seizes the properly of another. In -such cases the trespass is not the act of a more individual, but is perpetrated colore officii, and for that reason the act imposes a liability on the officer’s sureties to the same extent as when, having a writ in his hands, he fails to execute it, or makes…
2Cases cited9 opinions
- Lammon v. FeusierSupreme Court of the United States · 1884
- People Ex Rel. Kellogg v. SchuylerNew York Court of Appeals · 1850
- Carmack v. Commonwealth ex rel. BoggsSupreme Court of Pennsylvania · 1812
- Eaton v. . Kelly .Supreme Court of North Carolina · 1875
- Hawkins v. ThomasIndiana Court of Appeals · 1891
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3Cited by30 opinions
- Jones v. StateTennessee Supreme Court · 1930
- Jones v. Van BeverCourt of Appeals of Kentucky · 1915
- Helgeson Ex Rel. Helgeson v. PowellIdaho Supreme Court · 1934
- Inman v. SherrillSupreme Court of Oklahoma · 1911
- Castle v. LewisCourt of Appeals for the Eighth Circuit · 1918
25 more not listed; retrieve them via the Exa API.