Shattuck v. Bill
Massachusetts Supreme Judicial Court
Tort for an illegal arrest. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: It appeared that Bill brought an action against Shattuck in the Superior Court in Suffolk County, and, after trial before a jury, recovered judgment. The action was brought by one Way, an attorney at law, and he conducted the case at the trial for Bill. Execution was issued to said attorney and was in his office.
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Tort for an illegal arrest. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: It appeared that Bill brought an action against Shattuck in the Superior Court in Suffolk County, and, after trial before a jury, recovered judgment. The action was brought by one Way, an attorney at law, and he conducted the case at the trial for Bill. Execution was issued to said attorney and was in his office. One Clarence F. Eldridge, who was and had been for about three years a clerk in general employ in the attorney’s office for him, and who assisted…
1Opinion of the CourtDevens, J.
The plaintiff resided in Middlesex County, and had no usual place of business in Suffolk County. The application for a certificate authorizing the arrest was made before a magistrate in Suffolk, and it is conceded that the arrest made by authority of this certificate was illegal. Pub. Sts. c. 162, § 17. As the defendant employed the attorney in whose custody the execution was, if he authorized the arrest, either in terms or by the directions which are properly to be implied from the employment of the attorney and the authority conferred, he would *61be responsible for the wrong done in the…
2Cases cited15 opinions
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- Gordon v. JenneyMassachusetts Supreme Judicial Court · 1820
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- Erwin v. BlakeSupreme Court of the United States · 1834
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3Cited by17 opinions
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