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ROGERS v. THE MARSHAL

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68 U.S. 644 (1864)

1 Wall. 644

17 L.Ed. 714

ROGERS v. THE MARSHAL.

Supreme Court of United States.

April 18, 1864.

Attorney(s) appearing for the Case

Mr. Carpenter, for the plaintiff in error:

Mr. Lynde, contra.

Mr. Justice DAVIS delivered the opinion of the court as follows:*

1. It is unquestionably true that a marshal is answerable for the misconduct of his deputy. If Fuller, the deputy, who served the writ of replevin in the case of Rogers v. Remington & Martin, and took the statutory bond, erased the name of the principal, without the direction of some one having authority, he violated a plain duty, and his principal can...

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