1 Denio 574 | Court for the Trial of Impeachments and Correction of Errors | 1845
For the purpose of showing guilty knowledge, or making out the intent with which an act was dohe, other acts of the same nature, and done about the same time, may sometimes be given in evidence; and this whether the proceeding be civil or criminal in its form. (Cary v. Hotailing, 1 Hill, 311, and the books there cited.) But as a general rule, whether the proceeding be civil or criminal, evidence can only be given of the particular matters laid to the party’s charge. Here, there was no question of intent; nor was it a case for making out guilty knowledge by circumstantial evidence. ' The defendants knew that Lascells was an officer. Proof of that fact, and of the assault and resistance, made out a complete case; and it was clearly wrong to admit proof of another distinct offence, for which the defendants were not then on trial.
We might stop here; but the counsel on both sides wish to have the other questions settled for their guidance on another trial.
Until an execution has been satisfied, it may be renewed by the justice. .(2 R. S. 251, § 145.) It is said that the levy upon sufficient personal property to pay the debt was a satisfaction of
The next question is on the offer to show that Lascells had not taken the oath of office, or given security, and so was not a legal officer. The evidence would be proper, if Lascells, instead of the people, was the party complaining of an injury. If he were suing to recover damages for the assault, it would probably be a good answer to the action that he was not a legal officer, but a wrongdoer, who. might be resisted. And clearly, he cannot recover fees, or set up any right of property on the ground that he is an officer defacto, unless he be also an officer dejurc. (Riddle v. The County of Bedford, 7 Serg. & Rawle, 386 ; Keyser v. McKissan, 2 Rawle, 139 ; Fowler v. Beebe, 9 Mass. R. 231; Green v. Burke, 23 Wendell, 490; The People v. White, 24 id. 526.) When one man attempts to exercise dominion over the person or property of another, it becomes him to see that he has an unquestionable title.
But it is equally well settled, that the acts of an officer de facto, though his title may b.e bad, are valid so far as they concern the public, or the rights of third persons- who have an interest in the things done. Society could hardly exist without such a rule. I will only refer to two or three cases where many
Where a levy is made upon personal property without removing it from the possession of the debtor, I see no reason why the officer may not advertise it to be sold, and sell it on the premises of the debtor—taking care to do no unnecessary damage. And if that may be done, then third persons may rightfully attend the sale as bidders.
But on other grounds the verdict must be set aside.
New trial granted.