This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1885 edition. Excerpt: ...sheriff, to look to it that he arrested
Michael A. Gearon, and no one else, under that writ. He was under
no obligation to obey the orders of the attorneys for the plaintiff
in that action as to that writ, but only the orders of the court;
and if he arrested a wrong man, he was responsible, and the fact
that the attorneys for the plaintiff in that action had told him to
arrest a man other than Michael A. Gearon, would be no
justification. In my opinion, the case is one precisely similar to
that described in the latter part of the opinion of this court in
Guilleaume v. Rowe (supra). Here, the attorneys of the Savings
Bank, after having issued the writ, undertook to give special
directions to the sheriff for its enforcement, in a manner not
warranted by the language of the writ, and to enforce it in such a
manner that the sheriff would have been justified in declining to
take the responsibility in the absence of indemnity; and here, as
in the case supposed in the opinion in Guilleaume v. Rowe, the
client (the Savings Bank), could be held only upon proof of special
authority to their attorneys, express or implied, or of subsequent
ratification. There is, in the case at bar, no evidence whatever of
such special authority or ratification. An analogy exists between
cases of unlawful seizures of goods under process, and unlawful
arrests of the person. In.Welsh v. Cochran (63 N. Y. 182), the
plaintiff sued for an alleged unlawful seizure and conversion of
his property. It was seized under a warrant issued in bankruptcy
proceedings, and directing Gearon v. Bank for Savings. the taking
of goods belonging to persons other than the plaintiff. The
defendants were the petitioning creditors, and the warrant was
issued at their instance, and the marshal acted...
|Country of origin:
George D McCarty
||246 x 189 x 8mm (L x W x T)
||Paperback - Trade
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