18 Me. 277 | Me. | 1841
The opinion of the Court was drawn up by
It is admitted that the plaintiff cannot recover on the first count for taking his goods. If there were no other objection, the statute of limitations is a perfect bar. He claims to recover on the second count for the neglect of the deputy to satisfy the judgment' recovered against him.
The sheriff is responsible for all official neglect or misconduct of his deputy ; and also for his acts not required by law, where the deputy assumes to act under color of his office. He is not responsible for the neglect of any act or duty which the law does not require the deputy officially to perform. Knowlton v. Bartlett, 1 Pick. 270; Cook v. Palmer, 6 B. & C. 739.
It is said, that the deputy held the money received for the goods in his official capacity, and of course, that his neglect to pay it over in satisfaction of the judgment recovered against him was an official neglect. While the property in the goods or moneys received by the sale of them remained unchanged, the deputy held them in his official capacity. After the plaintiff had recovered judgment against him in trespass, and had taken out execution and collected a part of the amount so recovered the property was changed. It was no longer held in an official character. It became a part of his own estate.
The defendant would he liable for the original act of (aking, aud
Plaintiff nonsuit