Palmer v. King
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendants from a judgment of tbe Supreme Court of the District of Columbia, on verdict, in an action on the bond of the United States Marshal. The Court in the opinion stated the facts as follows: Appellee Sarah L. Ernestine King, filed a declaration in the supreme court of the District of Columbia against defendants Aulick Palmer, United States marshal for the District of Columbia, and the United States Fidelity & Guaranty Company.
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Hearing on an appeal by the defendants from a judgment of tbe Supreme Court of the District of Columbia, on verdict, in an action on the bond of the United States Marshal. The Court in the opinion stated the facts as follows: Appellee Sarah L. Ernestine King, filed a declaration in the supreme court of the District of Columbia against defendants Aulick Palmer, United States marshal for the District of Columbia, and the United States Fidelity & Guaranty Company. The action is for damages upon the bond of the marshal and his surety to recover for an alleged breach of a covenant of the bond,…
1Opinion of the CourtJustice Van Orsdel
The sole question presented by the appeal is whether or not the deputy marshal exceeded his authority in forcing an entrance through the open window, in spite of plaintiff’s resistance, in order to execute the writ of replevin ? That an assault was committed is settled by the verdict of the jury. It must be conceded that the deputy had no right, even in his official capacity, to commit an assault upon plaintiff, unless it appears that he had a legal right to force his way through the open window in disregard of her opposition, when, if she sustained injuries, it would be her misfortune, and…
2Cases cited3 opinions
- Snydacker v. BrosseIllinois Supreme Court · 1869
- State ex rel. McPherson v. BecknerIndiana Supreme Court · 1892
- Kelley v. SchuylerSupreme Court of Rhode Island · 1898
3Cited by6 opinions
- Keiningham v. United StatesCourt of Appeals for the D.C. Circuit · 1960
- Woods v. United StatesCourt of Appeals for the D.C. Circuit · 1956
- Jewell C. Woods v. United States of America, Marcellus L. Winston v. United States of America, Barbara L. Towles v. United States of America, Oliver G. Holsey v. United States of America, Bossy Glover v. United States of America, Wilbert W. Gross v. United States of America, James S. Davis v. United States of America, James Shay v. United States of America, Christine Curtis v. United States of America, Burnie H. King v. United States of America, George Bell v. United StatesCourt of Appeals for the D.C. Circuit · 1957
- Colpoys v. ForemanCourt of Appeals for the D.C. Circuit · 1947
- Byrne v. TabetDistrict of Columbia Court of Appeals · 1947
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