Legal Opinion

State v. Manley

Tennessee Superior Court for Law and Equity

Decided May 6, 1809PublishedCited by 2 opinions

This was an indictment for a misdemeanor in office as a constable, in permitting the escape of a person committed to his custody, and charged with a crime. A question was made, whether the state was bound to produce the record of the constable’s appointment; and to shew that such record was not necessary, the following authorities were read. 2 M‘N. 488. 3 T. Rep. 366. 5 T. Rep. 623. 6 T. Rep. 664. Acts 1741, c. 5.

1Opinion of the Court

This was an indictment for a misdemeanor in office as a constable, in permitting the escape of a person committed to his custody, and charged with a crime. A question was made whether the State was bound to produce the record of the constable's appointment; and to show that such record was not necessary the following authorities were read. 2 M'N. 488; 3 Term Rep. 366; 5 Term Rep. 623; 6 Term Rep. 664; Act 1741, c. 5. In actions brought against public officers for injuries arising from official acts or omissions it is sufficient to show that they acted in an official capacity. There is no…

2Cases cited1 opinion

  1. Potter v. LutherNew York Supreme Court · 1808

3Cited by2 opinions

  1. Summer v. MitchellSupreme Court of Florida · 1892
  2. Patterson v. GordonCourt of Appeals of Tennessee · 1875

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