Merrill v. Palmer
Superior Court of New Hampshire
Assumpsit. The action was commenced by a writ of attachment. After enroling the writ, declaration, and officer’s return, the defendant pleaded in abatement of the writ that the officer who served and returned the writ, was not, before the service and return, sworn to the faithful discharge of the duties of his office.
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Assumpsit. The action was commenced by a writ of attachment. After enroling the writ, declaration, and officer’s return, the defendant pleaded in abatement of the writ that the officer who served and returned the writ, was not, before the service and return, sworn to the faithful discharge of the duties of his office. Upon examination of the writ and officer’s return thus enroled, it appeared that the officer, in the service of the writ, acted by virtue of a special deputation under the hand and seal of the sheriff of the county indorsed upon the back of the writ. The plaintiffs demurred…
1Opinion of the CourtWoods, J.
The matter of the plea in this case is insufficient to abate the writ. Hadley, who served the writ, was specially authorized for that purpose by virtue of a deputation under the hand and seal of the sheriff of the county in which the service was made.
The exception taken to the sufficiency of the service is based upon the alleged want of legal authority for that purpose in the deputy, for the reason that he had not taken the usual official oath for the faithful discharge of the duties of his office.
But being commissioned by the sheriff, he acted under color of office. He was an officer do…
2Cases cited4 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Bucknam v. RugglesMassachusetts Supreme Judicial Court · 1818
- Moore v. GravesSuperior Court of New Hampshire · 1826
- Morse v. CalleySuperior Court of New Hampshire · 1830
3Cited by1 opinion
- Bixby v. HarrisSuperior Court of New Hampshire · 1852