Trask v. Wadsworth
Supreme Judicial Court of Maine
ON EXCEPTIONS. At the trial after the plaintiff’s testimony was out, the court, on motion of the defendant, ordered a nonsuit. To this ruling the plaintiff alleged exceptions. The opinion states the case and material facts. contended that this action was maintainable under E. S., c. 81, § 83, which gives a four years’ limitation.
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ON EXCEPTIONS. At the trial after the plaintiff’s testimony was out, the court, on motion of the defendant, ordered a nonsuit. To this ruling the plaintiff alleged exceptions. The opinion states the case and material facts. contended that this action was maintainable under E. S., c. 81, § 83, which gives a four years’ limitation. This action is against the sheriff and it is for the misconduct of a deputy. cited: 2 Addison, Torts, 700 ; 3 Wait’s Actions and Defences, 313 ; 1 Chitty, PI. 167; E. S., c. 81, § 84; Sibley v. JSstabrooJe, 4 Gray, 295.
1Opinion of the CourtDaneorth, J.
This is an action against the sheriff of Waldo county for the alleged false imprisonment of the plaintiff, by the act of his deputy. The suit was commenced more than two years after the act complained of, and the defendant pleads the statute of limitations.
E. S., c. 81, § 83, provides that "actions against a sheriff for the negligence or misconduct of himself, or his deputies, shall be commenced within four years after the cause of action accrues.” Section 84 of the same chapter provides' that "actions for false imprisonment . . shall be commenced within two years after the cause of action…
2Cited by5 opinions
- Alexander v. ThompsonCourt of Appeals for the Sixth Circuit · 1912
- King v. Sheriff of Franklin CountyMassachusetts Appeals Court · 1995
- County of Lenawee v. NuttenMichigan Supreme Court · 1926
- Jenkins v. DanielsAlaska Supreme Court · 1988
- Jenkins v. DanielsAlaska Supreme Court · 1988