Moulton v. Jose
Supreme Judicial Court of Maine
Exceptions from the Western District Court, Goodenow J. presiding. Case against the defendant, as a deputy sheriff of the county of York.
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Exceptions from the Western District Court, Goodenow J. presiding. Case against the defendant, as a deputy sheriff of the county of York. After all the evidence was before the jury, the purport of which appears sufficiently in the opinion of the Court, the counsel for the plaintiff requested the Judge to instruct the jury, that he was entitled to their verdict, under the second count, if they believed from the evidence, that the defendant did not return the execution and bond to the clerk’s office, and that he gave false information to the plaintiff as to the date and time of expiration of…
1Opinion of the Court
The opinion of the Court was drawn up by
WhitmaN C. J.
This action is instituted against the defendant for a misfeasance as a deputy sheriff; and for making to the plaintiff a false representation of certain facts, with an intention to deceive, and cause him to be defrauded, he being a surety in a poor debtor’s bond, taken by the defendant, upon an arrest of the principal on execution. The complaint against the defendant, as an officer, is, that he did not return the execution, and bond so taken, with a statement of his doings by virtue of the execution, into the clerk’s office, from which it…
2Cases cited3 opinions
- Harrington v. WardMassachusetts Supreme Judicial Court · 1812
- Rich v. BellMassachusetts Supreme Judicial Court · 1820
- Bank of Rome v. MottNew York Supreme Court · 1837
3Cited by2 opinions
- Bodwell-Leighton Co. v. Coffin & Wimple, Inc.Supreme Judicial Court of Maine · 1949
- Territory of New Mexico v. EmilioNew Mexico Supreme Court · 1907