Colby v. Sampson
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, a coroner of the county of Hancock, for misfeasance in his office in the service of an execution issued upon a judgment recovered by the plaintiff in the Court of Common Pleas, for the county of Kennebeck, against one John Minott, a deputy sheriff of the county of Hancock.
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This was an action of the case against the defendant, a coroner of the county of Hancock, for misfeasance in his office in the service of an execution issued upon a judgment recovered by the plaintiff in the Court of Common Pleas, for the county of Kennebeck, against one John Minott, a deputy sheriff of the county of Hancock. The declaration contained three counts, in which the misfeasance of the defendant was laid three different ways: That he arrested Minotts body, and suffered him to escape: — That he might have arrested Minott, but neglected so to do:— and that he would not * serve the…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
From the facts before us in this case, we are tc decide whether the defendant was guilty of a misfeasance in his office, for which he is liable in this action.
The execution was properly directed to the coroner, as the judgment debtor was a deputy of the sheriff (a). For by the statute of 1783, c. 43., executions are to be directed to the sheriff or his deputy, unless a party, and then the direction is to be to the coroner. The coroner has no gaol, and can commit only to the county gaol, of which, by law, the sheriff is the…
2Cases cited1 opinion
- Burrell v. LithgowMassachusetts Supreme Judicial Court · 1807
3Cited by14 opinions
- Burrell v. LithgowMassachusetts Supreme Judicial Court · 1807
- Hefler v. HuntSupreme Judicial Court of Maine · 1921
- Nall v. StateSupreme Court of Alabama · 1859
- Steere v. FieldU.S. Circuit Court for the District of Rhode Island · 1822
- Hutchinson v. BrandNew York Supreme Court · 1850
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