Sheldon v. Upham

Supreme Court of Rhode Island

Sheldon v. Upham

14 R.I. 493, 1884 R.I. LEXIS 33

Supreme Court of Rhode Island·Decided April 5, 1884·Published

Opinion

Dttbeee, C. J.

In an action on the case against a sheriff for permitting the escape of a party arrested on original writ or mesne process, the measure of damages is the damages actually sustained, and the amount of the judgment recovered in the action in which the escape is permitted is only primé facie evidence, open to rebuttal by counter evidence adduced by the sheriff. Patterson v. Westervelt, 11 Wend. 543; Brooks v. Hoyt, 6 Pick. 468; Eaton v. Ogier, 2 Me. 46; State Treasurer v. Weeks, 4 Vt. 215; Danforth v. Pratt, 9 Cush. 318; Arden v. Goodacre, 11 C. B. 371; Shuler v. Garrison, 5 W. & Serg. 455; Smith v. Hart, 1 Brev. 146; Spafford v. Goodell, 3 McLean, 97; Blodgett v. The Town of Brattleboro, 30 Vt. 579; Hootman v. Shriner, 15 Ohio St. 43.

Exceptions sustained.

Free access — add to your briefcase to read the full text and ask questions with AI

Dttbeee, C. J.

In an action on the case against a sheriff for permitting the escape of a party arrested on original writ or mesne process, the measure of damages is the damages actually sustained, and the amount of the judgment recovered in the action in which the escape is permitted is only primé facie evidence, open to rebuttal by counter evidence adduced by the sheriff. Patterson v. Westervelt, 11 Wend. 543; Brooks v. Hoyt, 6 Pick. 468; Eaton v. Ogier, 2 Me. 46; State Treasurer v. Weeks, 4 Vt. 215; Danforth v. Pratt, 9 Cush. 318; Arden v. Goodacre, 11 C. B. 371; Shuler v. Garrison, 5 W. & Serg. 455; Smith v. Hart, 1 Brev. 146; Spafford v. Goodell, 3 McLean, 97; Blodgett v. The Town of Brattleboro, 30 Vt. 579; Hootman v. Shriner, 15 Ohio St. 43.

Exceptions sustained.

Sheldon v. Upham, 14 R.I. 493, 1884 R.I. LEXIS 33 (R.I. 1884).

Pincite

14 R.I. 493 (Sheldon v. Upham) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related