Sheldon v. Upham

Supreme Court of Rhode Island

Sheldon v. Upham

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

DecidedApril 5, 1884

StatusPublished

This text of 14 R.I. 493 (Sheldon v. Upham) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

Cite This Page — Counsel Stack

Bluebook (online)

14 R.I. 493, 1884 R.I. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheldon-v-upham-ri-1884.

Opinion

Related

Cite This Page — Counsel Stack