Gardner v. Hosmer
Massachusetts Supreme Judicial Court
Case against the defendant, as sheriff of the county of Middle-sex, for the misconduct of Peter Edes, his deputy. On the general issue pleaded and joined, a trial was had at the last November term, before Parker, J., and a verdict taken for the plaintiff, subject to the opinion of the Court on the question whether the judge, who sat in the cause, rightfully rejected certain evidence offered by the defendant in the course of the trial.
Read the full summary
Case against the defendant, as sheriff of the county of Middle-sex, for the misconduct of Peter Edes, his deputy. On the general issue pleaded and joined, a trial was had at the last November term, before Parker, J., and a verdict taken for the plaintiff, subject to the opinion of the Court on the question whether the judge, who sat in the cause, rightfully rejected certain evidence offered by the defendant in the course of the trial. The plaintiff, having sued out an original writ against one Asa Towne, delivered it to Edes, the defendant’s deputy, to serve, with a direction endorsed to…
1Opinion of the CourtParsons, C. J.
The defendant, having pleaded the general issue, at the trial offered to give in evidence, either to maintain the issue on his part, or in mitigation of the damages, that his deputy’s return on the original writ was not true. This evidence was objected to by the plaintiff, and was rejected by the judge, and if it ought by law to have been admitted, the verdict is to be set aside, and a new trial granted.
It is our opinion that the sheriff can give nothing in evidence, which his deputy could not, were he the defendant; and we are satisfied that the deputy could not be permitted, either in…
2Cited by13 opinions
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
- Splahn v. GillespieIndiana Supreme Court · 1874
- Dutton v. SimmonsSupreme Judicial Court of Maine · 1876
- Benjamin v. HathawaySupreme Court of Connecticut · 1821
- Williams v. CheeseboroughSupreme Court of Connecticut · 1822
8 more not listed; retrieve them via the Exa API.