Parker v. Walrod
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Parker sued Walrod in a justice’s court, and declared against him in trespass, for entering his close and taking and carrying away the devices and whiffietrees affixed to a waggon.
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Error from the supreme court. Parker sued Walrod in a justice’s court, and declared against him in trespass, for entering his close and taking and carrying away the devices and whiffietrees affixed to a waggon. The defendant pleaded the general issue, and gave notice that he would prove on the trial that the plaintiff had wrongfully substituted the devices and whiffietrees in question for devices and whiffietrees which were affixed to a waggon to which he, the defendant, had the right of possession. It appeared on the trial that the defendant, as a constable, by virtue of attachments issued…
1Opinion of the Court
After advisement, the following opinion was delivered:
By the Chancellor.
The defendant being sued as a constable for an act done by virtue of his office, bad the right, under the general issue, to give any matter in evidence which was a defence to the suit. 2 R. S. 353, § 15. As he was sued for entering the plaintiff’s close as well as for taking the whiffletree and devices, it was proper to give the attachments in evidence as a justification for the entering of the close to take the property of the person against whom the attachments had issued, even if he was liable for taking the property…
2Cases cited2 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Robinson v. CathcartU.S. Circuit Court for the District of District of Columbia · 1828
3Cited by32 opinions
- Mills v. Orcas Power & Light Co.Washington Supreme Court · 1960
- Shepherd v. NaborsSupreme Court of Alabama · 1844
- Dominick v. EackerNew York Supreme Court · 1848
- Hall v. . StrykerNew York Court of Appeals · 1863
- State ex rel. Mayer v. O'NeillSupreme Court of Missouri · 1899
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