Commonwealth v. Field
Massachusetts Supreme Judicial Court
The defendant was indicted, at the last May term of this Court, in the county of Franklin, for assaulting and beating one Samuel Rich, when performing the duty of an assistant or aid of-Bates, a deputy sheriff in that county, when in the execution of the duty of his office ; and for rescuing Warren JL. Field, who (as was alleged) had been arrested upon an execution in favor of Messrs.
Read the full summary
The defendant was indicted, at the last May term of this Court, in the county of Franklin, for assaulting and beating one Samuel Rich, when performing the duty of an assistant or aid of-Bates, a deputy sheriff in that county, when in the execution of the duty of his office ; and for rescuing Warren JL. Field, who (as was alleged) had been arrested upon an execution in favor of Messrs. Jackson fy Waimoright, for $ 99.64. At the trial before Putnam, J., it appeared, that the defendant was the brother of the execution debtor ; and it was proved, that Rich had the execution, to collect the money…
1Opinion of the CourtPutnam, J.
In the case ol Blatch vs. Archer, cited in the argument for the defendant, and which was very much like the case at bar, it was determined, that an arrest was good which was made by the servant of the bailiff, when the bailiff was not in sight, nor within thirty rods of the debtor. In that case, as in the present, the officer had the capias, and the servant acted by the verbal authority of the officer ; and the jury, in this case, as in that, have found, that both were intent upon one object, namely, the arresting and detaining of the debtor.
It has been contended, in the case at bar, that…
2Cited by7 opinions
- Stone v. United StatesSupreme Court of the United States · 1897
- Cover v. StateCourt of Appeals of Maryland · 1983
- Robinson v. StateSupreme Court of Georgia · 1893
- Commonwealth v. MorrisseyMassachusetts Supreme Judicial Court · 1996
- Commonwealth v. TwomblyMassachusetts Appeals Court · 2001
2 more not listed; retrieve them via the Exa API.