Gibbs v. Randlett
Supreme Court of New Hampshire
Case, for causing an officer, who arrested the plaintiff in a suit brought against him by the defendant, to refuse to accept sufficient bail. Verdict for the plaintiff, including 1450, the amount of the plaintiff’s expense of defending the suit in which he was arrested. Motion of the defendant for a new trial.
1Opinion of the CourtBingham, J.
It was the duty of the sheriff to take bail, duly offered by the plaintiff, and discharge him from arrest. Gen. St., c. 206, ss. 13, 14; 6 Bacon’s Abr., tit. Sheriff, O. 180 ; Art. 33, N. H. Bill of Rights.
The sheriff, by refusing to take sufficient bail, legally offered by the plaintiff, did an unlawful act to his injury, and he was entitled to his action on the case against the sheriff therefor. Smith v. Hall, 2 Mod. R. 31; 6 Bacon’s Abr., supra; Salmon v. Percivall, 3 Cro. 196; Cresswell v. Hoghton, 6 T. R. 355; Millne v. Wood, 5 C. & P. 587; 2 Hilliard on Torts 257, s. 3, 260, s. 4; Evans…
2Cases cited3 opinions
- Page v. CushingSupreme Judicial Court of Maine · 1854
- Foster v. DowSupreme Judicial Court of Maine · 1849
- Moulton v. LoweSupreme Judicial Court of Maine · 1851
3Cited by1 opinion
- Hickox v. J. B. Morin Agency, Inc.Supreme Court of New Hampshire · 1970