Hunt v. Burrel
New York Supreme Court
THIS was an action of trespass quare clausum fregit. The defendants pleaded severally, not guilty. The cause was tried before Mr. Justice Thompson, at the Montgomery circuit, in May, 1808. On the trial, the defendants, in justification of their entry, which was proved, offered in evidence a writ, issued out of the Montgomery court of common pleas, in favour of the defendant, Bur-rel, against the plaintiff; and offered to prove, that the defendant, Polhemus, was deputed in…
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THIS was an action of trespass quare clausum fregit. The defendants pleaded severally, not guilty. The cause was tried before Mr. Justice Thompson, at the Montgomery circuit, in May, 1808. On the trial, the defendants, in justification of their entry, which was proved, offered in evidence a writ, issued out of the Montgomery court of common pleas, in favour of the defendant, Bur-rel, against the plaintiff; and offered to prove, that the defendant, Polhemus, was deputed in writing, by the under-sheriff of the said county, in the name of the sheriff, to serve that writ, and that Polhemus having…
1Per curiam
The deputation was a suificient autho= rity to the defendant, Polhemus, to execute the writ. The general maxim, that delegata potestas non potestdelegari, is correct, when duly applied; for to make a deputy by a deputy, in the sense of the maxim, implies an assignment of the whole power, which a deputy can- . not make. A deputy has general powers, which he cannot transfer ; but he may constitute a servant, or bailiff, to do a particular act. This distinction was taken, and laid down by Lord Holt, who gave the opinion of *138the court of K. B. in the case of Parker v. Kett. (1 Ld. Raym. 658. 12…
2Cited by10 opinions
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- Allen v. BluntU.S. Circuit Court for the District of Massachusetts · 1846
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