Moores v. Winter
Supreme Court of Arkansas
Appeal from Miller Circuit Court. STATEMENT BY THE COURT. On April 21, 1896, appellee, Joseph Winter brought suit in the Miller circuit court against appellants, Chas. H. Moores and W. A. Payne.
Read the full summary
Appeal from Miller Circuit Court. STATEMENT BY THE COURT. On April 21, 1896, appellee, Joseph Winter brought suit in the Miller circuit court against appellants, Chas. H. Moores and W. A. Payne. He alleged in his complaint that Moores was sheriff of Bowie county, Texas, and Payne was his deputy; that, under an order of attachment issued out of the county court of Bowie county, Texas, in a cause then pending in said court, wherein,A. F. Shapleigh Hardware Company was plaintiff and Sam S. Faulk was defendant, appellant Payne seized and took from the possession of appellee the personal property…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) “Trespass is held to be the proper action against the sheriff for an injury done by his deputy to the person or property of another. And in trespass against a sheriff, in which he is declared against personally, and not as sheriff, it is held competent to prove that the defendant was sheriff, and that his deputy, as such, committed the trespass.” 2 Hilliard, Torts, p. 208, §21; Poinsett v. Taylor, 6 Cal. 78. “A sheriff is responsible for a trespass done by his deputy.” 2 Hilliard on Torts, p. 208, § 21.
It is shown by the evidence that the common law of…
2Cases cited7 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Blackburn v. MortonSupreme Court of Arkansas · 1857
- Poinsett v. TaylorCalifornia Supreme Court · 1856
- Overby v. McGeeSupreme Court of Arkansas · 1855
- Willis v. ReinhardtSupreme Court of Arkansas · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Edgin v. TalleySupreme Court of Arkansas · 1925
- McIntosh v. KnoxNevada Supreme Court · 1917
- Oklahoma Ex Rel. Oklahoma Tax Commission v. NeelySupreme Court of Arkansas · 1955
- Chicago, Rock Island & Pacific Railway Co. v. Lena Lumber Co.Supreme Court of Arkansas · 1911
- Pettigrew v. PettigrewSupreme Court of Arkansas · 1927
6 more not listed; retrieve them via the Exa API.