Allison v. People
Colorado Court of Appeals
Appeal from the District Covert of Arapahoe County. This litigation proceeds from the acts of Joseph Allison, a constable, in the arrest of the appellee, Prisk, in March, 1892. There was some trouble at a schoolhouse on Cheltenhan Heights, and in the melee one Scott appears to have been considerably bruised and beaten. After the affray, a complaint was filed with the justice, charging divers persons (names unknown) with committing the misdemeanor.
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Appeal from the District Covert of Arapahoe County. This litigation proceeds from the acts of Joseph Allison, a constable, in the arrest of the appellee, Prisk, in March, 1892. There was some trouble at a schoolhouse on Cheltenhan Heights, and in the melee one Scott appears to have been considerably bruised and beaten. After the affray, a complaint was filed with the justice, charging divers persons (names unknown) with committing the misdemeanor. The complaint is not in the abstract, but we assume it was sufficiently definite and specific to authorize the justice to act under it. Whether…
1Opinion of the CourtBissell, P. J.
The sureties insist that the judgment imposes upon them a liability without the terms of the obligation into which they entered. Their proposition is based on one fact, although there are several collateral matters which, as they view the law, tend to support their contention. The terms of their suretyship doubtless laid on them a responsibility for the negligent or wrongful performance by the constable of the duties of his office. This they concede, but assert that in order to render them liable, it must appear that the acts of the officer were within the scope of his duties, and done while…
2Cases cited8 opinions
- Lammon v. FeusierSupreme Court of the United States · 1884
- French v. DeaneSupreme Court of Colorado · 1894
- Colter v. LowerIndiana Supreme Court · 1871
- People, Ex Rel. Comstock v. . LucasNew York Court of Appeals · 1883
- State ex rel. Goodin v. McDonoughMissouri Court of Appeals · 1880
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3Cited by3 opinions
- Chandler v. RutherfordCourt of Appeals for the Eighth Circuit · 1900
- State ex rel. Brennan v. DierkerMissouri Court of Appeals · 1903
- Johnson v. EnlowSupreme Court of Colorado · 1955