Legal Opinion

Grinnell v. Phillips

Massachusetts Supreme Judicial Court

Decided June 15, 1805PublishedCited by 49 opinions

This was an action of trespass against the defendant, (who was sheriff of this county) for breaking and entering the plaintiff’s sloop, and taking and carrying away the cargo thereof, and converting the same to his own use, &c.

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This was an action of trespass against the defendant, (who was sheriff of this county) for breaking and entering the plaintiff’s sloop, and taking and carrying away the cargo thereof, and converting the same to his own use, &c. The defendant pleaded the general issue; and gave notice that he should justify'the supposed trespass, as sheriff of the county of Hancock, in the due execution of a writ of replevin in favor of John Hunter against the plaintiff, (bearing date, &c., and returnable to the Court of Common Pleas,) by John Clarke, then and now one »>f his deputies. Upon the trial of this…

1Opinion of the Court

Thacher, J.,

(after stating the case.) From the best consideration I have been able to give this case, it appears to me, both upon principle and authorities, that the action is well brought, notwithstanding the objection to the declaration on account of its being general. The sheriff is accountable for the acts of his deputies, and, in the case before us, has, in his defence, avowed the act [ * 535 ] * complained of and made it his own; as much so as if he had stood by at the time, and commanded the deputy to do it. But without that, from the nature of the office and the relation between the…

2Cited by49 opinions

  1. Apodaca v. OregonSupreme Court of the United States · 1972
  2. Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
  3. Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
  4. Perry v. BaileySupreme Court of Kansas · 1874
  5. People Ex Rel. Kellogg v. SchuylerNew York Court of Appeals · 1850

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