Tyler v. Ulmer
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, late sheriff of the county of Hancock, for the default of John Minott, one of his deputies, in not satisfying an execution *in the [* 164 ] plaintiff’s favor against one Jacob Foster, out of certain chattels attached by said Minott upon the plaintiff’s original writ. The cause was tried upon the general issue, at the last November term in this county, before the Chief Justice.
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This was an action of the case against the defendant, late sheriff of the county of Hancock, for the default of John Minott, one of his deputies, in not satisfying an execution *in the [* 164 ] plaintiff’s favor against one Jacob Foster, out of certain chattels attached by said Minott upon the plaintiff’s original writ. The cause was tried upon the general issue, at the last November term in this county, before the Chief Justice. On the 12th of February, 1812, the plaintiff sued out a writ of attachment against the said Foster, addressed to the sheriff of Hancock, or his deputy, with a…
1Opinion of the CourtParker, C. J.
Numerous objections have been made to the verdict in this case ; one of which only it would be necessary to decide, as we are all of opinion that one has been sufficiently maintained, to require that there should be a new trial. But, as actions against sheriffs, for the misconduct of themselves or their deputies, are of frequent occurrence, and as several points, necessary to be understood by the community, have been made and argued in this cause, we think it expedient to consider each point distinctly, and to declare the law upon it.
The first objection results from the admission to the jury…
2Cases cited3 opinions
- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
- Mott v. KipNew York Supreme Court · 1813
- Congdon v. CooperMassachusetts Supreme Judicial Court · 1818
3Cited by4 opinions
- Baldwin v. HatchSupreme Judicial Court of Maine · 1866
- State Use of Bishop Thatcher v. OgleSupreme Court of Delaware · 1861
- State ex rel. Thomas v. MoselyTennessee Supreme Court · 1870
- State ex rel. Thomas v. MoselyTennessee Supreme Court · 1870