Wright v. Spencer
Supreme Court of Alabama
This was an action of trover and conversion, brought by Spencer against Wright, in the Circuit Couit of Tuscaloosa county, to recover the value of a horse.
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This was an action of trover and conversion, brought by Spencer against Wright, in the Circuit Couit of Tuscaloosa county, to recover the value of a horse. On the trial, the defence, under a plea of justification, was, that the defendant had taken the horse as an officer, uud r an attachment, and had sold him under an order n odi' by the justice issuing the attachment, directing fifteen days notice to be given of 'he time and place of such sale The Court charged the jury, that where an officer justifies on the ground of legal authority, they must be satisfied that be had conformed to that…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the Court. It is certain that the process of the law will protect the officer who pursues it, but if he misuses or abu es it, that protection is taken from around him : notwithstanding, then, in this case, the original taking may have been lawful, if the defendant was guilty of a misfeasance, he thereby became a trespasser ab initio. A misfeasance is the improper performance of some act which might lawfully be done. The defendant here had a right to take and sell the property, but was bound to do it as directed by law. If, then, he sold without the legal…
2Cited by7 opinions
- Ryan v. YoungSupreme Court of Alabama · 1906
- Hartshorn v. WilliamsSupreme Court of Alabama · 1857
- Dole v. McGrawMichigan Supreme Court · 1888
- Sterling v. ColvardSupreme Court of Alabama · 1969
- Nathan Bros. v. ShiversSupreme Court of Alabama · 1881
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