Warberton v. Woods
Supreme Court of Missouri
“The plaintiffs will insist in this court upon the following ,. . . 1.That the sheriff Woods was liable in this action if guilty either of a voluntary or negligent escape,, and to tain it will read the following authorities, see digest 1834-5,. 260, 52, 53. see section. 3d 579, 580, title sheriffs;- and, also 13 J. 255 page, 2,,R. 131-ÜJ Bonafous vs Walker. 2' Wm.. Blackstone 1048, 9-John R. 140, same, book 329„ Bac 513, 1 SaundR. 35 note (1.) 3 Mass R'. 101-2.11 Mass.
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“The plaintiffs will insist in this court upon the following ,. . . 1.That the sheriff Woods was liable in this action if guilty either of a voluntary or negligent escape,, and to tain it will read the following authorities, see digest 1834-5,. 260, 52, 53. see section. 3d 579, 580, title sheriffs;- and, also 13 J. 255 page, 2,,R. 131-ÜJ Bonafous vs Walker. 2' Wm.. Blackstone 1048, 9-John R. 140, same, book 329„ Bac 513, 1 SaundR. 35 note (1.) 3 Mass R'. 101-2.11 Mass. R. 14 Brown vs Getchell et al Mass R. 377. 2v That the sheriff is liable unless the pl^tiffs or their Agents expressly…
1Opinion of the Court
Opinion of the court delivered by
McGirk Judge.*
“In the early part of the year 1J134, Warberton & King obtained a Judgment in the circuit court of Boon county against one Brewster for about the sum of five hundred dollars, and the same remaining unpaid, the plaintiffs in July 1837, by their agent Wm. L. Vaughn, took an execution on the judgment directed to the sheriff of Morgan county, of which county Woods was the sheriff, and Vaughn shortly thereafter went to the sheriff, and put in his hands the execution and went with him to find Brewster, which they did, and the sheriff arrested Brewster,…
2Cases cited2 opinions
- Slingerland v. SwartNew York Supreme Court · 1816
- Grimes v. ButlerCourt of Appeals of Kentucky · 1808
3Cited by4 opinions
- Evans v. United States Fidelity & Guarantee Co.Missouri Court of Appeals · 1917
- Baird v. Larabee Flour Mills Corp.Missouri Court of Appeals · 1920
- AnonymousSuperior Court of North Carolina · 1797
- AnonymousSuperior Court of North Carolina · 1797