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eBook details

• Title: Lovejoy v. Murray
• Author : United States Supreme Court
• Release Date : January 01, 1865
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Mr. Hutchins, for Lovejoy & Co., plaintiffs in error. On the first point, the effect of the bond of indemnity. One may indemnify an officer for an act committed by him, without being himself liable for that act. He may defend a suit against a trespasser without becoming himself a trespasser. 'It is sometimes said,' remarked Chief Justice Gibson, of Pennsylvania,1 'that in levying an execution the sheriff is the plaintiff's agent. Having received a sufficient bond of indemnity, or a tender of it, he is certainly bound to follow his instructions; but the relation between them is not that of master and servant; for the sheriff is bound to act, not by force of the plaintiff's command, but by force of the command of his writ. He is the agent of the law; and, therefore, it is that when he seizes by the plaintiff's direction the goods of a stranger on a ficri facias against the goods of a defendant, the parties do not stant in the relation of joint trespassers. The plaintiff creditor is not a trespasser at all; for the sheriff is bound to stand the brunt of the stranger's action. He acts at his peril, but not without a means of security; and it is his fault if he does not use it.' On the second and principal point; how far the judgment against the sheriff operated as a bar to the suit against Lovejoy & Co.

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