Whitney v. Butterfield
California Supreme Court
Appeal from the Fourteenth District. Suit against a Sheriff and his sureties for damages in not levying an attachment with due diligence. On the 4th of April, 1857, plaintiffs sued out a writ of attachment, in the Twelfth District Court, against Abbott & Edwards residents of Nevada City.
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Appeal from the Fourteenth District. Suit against a Sheriff and his sureties for damages in not levying an attachment with due diligence. On the 4th of April, 1857, plaintiffs sued out a writ of attachment, in the Twelfth District Court, against Abbott & Edwards residents of Nevada City. On the next day, Sunday, between the hours of nine and ten, p. m. the writ was placed in the hands of defendant, Butterfield, the Sheriff, with instructions to levy, as soon as possible, on certain property of said Abbott & Ed-, wards, which was named. About fifteen minutes after the hour of twelve, a. m. of…
1Opinion of the CourtTerry, C. J.
Field, J. concurring.
This question touches the liability of the Sheriff for not levying an attachment put in his hands on Sunday; the goods of defendant having been seized by his Deputy on Monday, though the last writ came to his hands early on the same day, and was levied on the property which was disposed of by the last writ—■ so that the first remained unsatisfied. The principles which determine this case we think somewhat different from those argued at the bar.
The Sheriff’s liability rests on his breach of official duty. As he is bound to perform his duty, so is he responsible to every…
2Cases cited1 opinion
- Hinman v. BordenNew York Supreme Court · 1833
3Cited by13 opinions
- Van Vorce v. ThomasCalifornia Court of Appeal · 1937
- Clement v. DunnCalifornia Court of Appeal · 1931
- Hauswirth v. SullivanMontana Supreme Court · 1886
- State ex rel. Farwell v. LelandSupreme Court of Missouri · 1884
- Hayward Lumber & Investment Co. v. BiscailuzCalifornia Supreme Court · 1957
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