Colby v. Dillingham

| Mass. | Jun 15, 1811

The Court

observed that it was improper to bring a matter, which, if there was any question upon it, was proper for a plea in abatement to the writ, before them in the form of a case stated. But, as the question regarded practice, and they entertained no doubts upon it, they would express their opinion, that Evans, in his character of coroner, might well serve the writ. The sheriff was answerable for his conduct as one of his deputies, but not for his doings as a coroner.

Judgment for the plaintiff.