Draper v. Arnold
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, a deputy of Elijah Crane, Esquire, sheriff of this county., for not making a sufficient attachment on mesne process, whereby the plaintiff suffered, &c. At the trial, which was had upon the general issue, before Putnam, J., at the last March term in this county, the only question made was, whether the action should not have been brought against the sheriff, and not against the deputy, for the default of the deputy.
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This was an action of the case against the defendant, a deputy of Elijah Crane, Esquire, sheriff of this county., for not making a sufficient attachment on mesne process, whereby the plaintiff suffered, &c. At the trial, which was had upon the general issue, before Putnam, J., at the last March term in this county, the only question made was, whether the action should not have been brought against the sheriff, and not against the deputy, for the default of the deputy. If the action does not lie against the deputy, the verdict, which was found for the plaintiff, was to be set aside, and the…
1Opinion of the Court
* Parker, C. J.,
delivered the opinion of the Court. [*450] The cases cited by the defendant’s counsel,(1) seem sufficiently to prove, that, in England, by the common law, the sheriff can alone be sued for any neglect of duty by his under-sheriff or deputy. But, in this country, the practice has been uniform, for a long course of years," to sue either the sheriff or his deputy, for the default of the latter, at the election of the injured party. And there is certainly no inconvenience in this practice to any but the plaintiff in the suit. For, in many cases, it will prevent the necessity of a suit…
2Cases cited1 opinion
- Esty v. ChandlerMassachusetts Supreme Judicial Court · 1811
3Cited by7 opinions
- Bowditch v. HarmonMassachusetts Supreme Judicial Court · 1903
- McCabe v. MaguireMassachusetts Supreme Judicial Court · 1902
- Campbell v. PhelpsMassachusetts Supreme Judicial Court · 1822
- Colvin v. HolbrookNew York Supreme Court · 1848
- Coltraine v. . McCainSupreme Court of North Carolina · 1832
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