Legal Opinion

Rogers v. Marshal

Supreme Court of the United States

Decided April 18, 1864PublishedCited by 24 opinions

1Opinion of the Court 1

68 U.S. 644 (1863)

1 Wall. 644

ROGERS

v.

THE MARSHAL.

Supreme Court of United States.

Mr. Carpenter, for the plaintiff in error.

Mr. Lynde, contra.

2Opinion of the Court · DavisJustice Davis

1. It is unquestionably true that a marshal is answerable for the misconduct of his deputy. If Fuller, the deputy, who served the writ of replevin in the case of Rogers v. Remington & Martin, and took the statutory bond, erased the name of the principal, without the direction of some one having authority, he violated a plain duty, and his principal can justly be held liable. The officers of the law, in the execution of process, are obliged to know the…

3Cases cited2 opinions

  1. Johnston v. JonesSupreme Court of the United States · 1862
  2. Walters & Farley v. Sykes & HarmanNew York Supreme Court · 1840

4Cited by24 opinions

  1. Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
  2. Moulor v. American Life InsuranceSupreme Court of the United States · 1884
  3. Baltimore & Potomac Railroad v. MacKeySupreme Court of the United States · 1895
  4. Bogk v. GassertSupreme Court of the United States · 1893
  5. Beaver v. TaylorSupreme Court of the United States · 1876

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