Legal Opinion

Churchill v. Perkins

Massachusetts Supreme Judicial Court

Decided October 15, 1809PublishedCited by 10 opinions

This was an action of debt upon a bond in the penal sum of 100 dollars. Upon oyer, the condition is spread upon the record, and it ' recites that the plaintiff, as constable of the town of Plympton, had taken one Seth Bisbee as a prisoner, by virtue of a warrant granted by Nehemiah Cobb, Esq., and therefore if the defendants or either of them shall deliver up to the plaintiff the said Seth Bisbee on the — day of, &c., or sooner, if the defendants or either of them shall see…

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This was an action of debt upon a bond in the penal sum of 100 dollars. Upon oyer, the condition is spread upon the record, and it ' recites that the plaintiff, as constable of the town of Plympton, had taken one Seth Bisbee as a prisoner, by virtue of a warrant granted by Nehemiah Cobb, Esq., and therefore if the defendants or either of them shall deliver up to the plaintiff the said Seth Bisbee on the — day of, &c., or sooner, if the defendants or either of them shall see cause, the bond shall be void.

1Opinion of the Court

The action stood continued nisi, and at the following March term, at Boston, the opinion of the Court was delivered by

Sewall, J.

It is manifest upon these pleadings, that the plain tiff demands the fruits of an obligation obtained colore officii; and to maintain his action, it must be shown that the demand has arisen in the course of the legal duties, or is justified by some authority of his office; for otherwise it is a means of extortion, and being * against sound policy, is void by the principles of [ * 542 ] the common law (1).

It was argued for the plaintiff that, in support of this…

2Cited by10 opinions

  1. Whitsett v. WomackSupreme Court of Alabama · 1845
  2. Cadwell v. ColgateNew York Supreme Court · 1849
  3. Watkins v. MinterTexas Supreme Court · 1915
  4. Leona I., M. & C. Co. v. RobertsTexas Supreme Court · 1884
  5. Jackson v. SiglinOregon Supreme Court · 1882

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