Rodman v. Harcourt
Court of Appeals of Kentucky
Error to the Spencer Circuit. Incompatible offices. Officers de jure and defacto.
1Opinion of the Court
Judge Marshall
delivered the opinion of the Court.
This was an action of trespass brought by Rodman against Harcourt and Carico, for taking and carrying away the horse and divers sheep of the plaintiff. Carico, by his separate plea, justified the taking as Constable, and under an execution against the plaintiff foi $50, &c. issued by Harcourt, an acting Justice of the Peace ; and Harcourt justified as a Justice of the Peace, showing that as such, he had issued a warrant against the plaintiff, at the suit of Harrison’s administrator,, pronounced judg. rnent and issued the execution against him.…
2Cases cited2 opinions
- Keyser v. M'KissanSupreme Court of Pennsylvania · 1828
- Sharpless v. TateSupreme Court of Pennsylvania · 1828
3Cited by10 opinions
- Foltz v. KerlinIndiana Supreme Court · 1886
- Reuter v. Meacham Contracting Co.Court of Appeals of Kentucky · 1911
- Rice v. CommonwealthCourt of Appeals of Kentucky · 1867
- Johnson v. SandersCourt of Appeals of Kentucky · 1909
- Patterson v. MillerCourt of Appeals of Kentucky · 1859
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