Frizzell v. Duffer
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. ■ Mattie Duffer brought suit in trespass in the circuit court against Jas. G. Frizzell, constable, and B. B. Meek, his deputy. The complaint, as originally filed, contained the following (after stating the ownership and description of the premises): “That, on the 6th day of June, 1890, defendant Jas.
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Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. ■ Mattie Duffer brought suit in trespass in the circuit court against Jas. G. Frizzell, constable, and B. B. Meek, his deputy. The complaint, as originally filed, contained the following (after stating the ownership and description of the premises): “That, on the 6th day of June, 1890, defendant Jas. G. Frizzell, constable of Upper Township — by and through his deputy, defendant B. B. Meek — in his official capacity as such constable, under a writ of attachment against one Cheat-ham, seized certain goods and…
1Opinion of the CourtBattue, J.
1. Amendment of pleading-. The circuit court did not err in permitting the plaintiff to amend her complaint. Mansfield’s Digest, sec. 5080.
2. Inability of constable for deputy’s 3. Damages The constable was responsible for the acts, defaults, torts and other misconduct done or committed by his deputy colore officii. Lucas v. Locke, 11 W. Va. 81 ; Knowlton v. Bartlett, 1 Pick. 273 ; Mosby v. Mosby, 9 Gratt. 584 ; Cotton v. Marsh, 3 Wis. 221 ; Crocker on Sheriffs (3 ed.), sec. 869. Por all civil purposes the acts of the deputy were the acts of the constable. Mosby v. Mosby, 9 Grattan, 602. The…
2Cases cited4 opinions
- Clinton Wire Cloth Co. v. GardnerIllinois Supreme Court · 1881
- Mosby's adm'r v. Mosby's adm'rSupreme Court of Virginia · 1853
- Lucas v. LockeWest Virginia Supreme Court · 1877
- Cotton v. MarshWisconsin Supreme Court · 1854
3Cited by9 opinions
- Edgin v. TalleySupreme Court of Arkansas · 1925
- McNutt v. McNuttSupreme Court of Arkansas · 1906
- Wilson v. SullivanUtah Supreme Court · 1898
- Gergens v. McCollumSupreme Court of Oklahoma · 1909
- Reece v. LeslieSupreme Court of Arkansas · 1912
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