Hazard v. Israel
Supreme Court of Pennsylvania
r | ’'HIS was an action of trespass brought, against the defendant, who was sheriff of the county of Philadelphia, to recover damages for the misconduct of his officer in the execution of a f. fa. It was tried before Brackenridge J. at Nisi Prkts in December 1807, when the j ury found a verdict for the plaintiff, 750 dolls., damages. The defendant now moved for a new trial on the grounds that the verdict was against law and evidence, and the damages excessive.
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r | ’'HIS was an action of trespass brought, against the defendant, who was sheriff of the county of Philadelphia, to recover damages for the misconduct of his officer in the execution of a f. fa. It was tried before Brackenridge J. at Nisi Prkts in December 1807, when the j ury found a verdict for the plaintiff, 750 dolls., damages. The defendant now moved for a new trial on the grounds that the verdict was against law and evidence, and the damages excessive. The facts as reported by Judge Brackenridge were as follows; Lewis as executor of Fuller brought a suit against the plaintiff and…
1Opinion of the Court
Tilghman C. J.
after stating the facts, delivered the opinion of the court.
The counsel for the defendant in support of their motion have contended that there was no trespass, because the costs were only secured and not paid; and because even if they were paid, the officer had a right to enter the house to look for goods of Clarkson; and after he was in he committed no violence, nor took any thing away. As to the costs, the evidence, warrants the plaintiff in saying that they were paid. When the defendant had agreed to look to Mr. Reed for them, he had no right to levy; and so the defendant…
2Cited by6 opinions
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- Wilbur v. StricklandSupreme Court of Pennsylvania · 1829
- Perkins v. ReedSupreme Court of Alabama · 1848
- Matthis v. PollardSupreme Court of Georgia · 1847
- Taylor v. BrighamU.S. Circuit Court for the Southern District of Georgia · 1876
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