Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

STATE, JOHN SHARP, Prosecutor, v. A. STANSBOROUGH.

PER CURIAM. READ, C. J. (Charge.)

This is an inquisition of forcible detainer in which John Sharp is the prosecutor under the Statute, 8 Hen. VI [c. 9 (1429)], which is extended to this country. The prosecutor is the person who is to be restored, and the inquiry is chiefly whether the violence was directed towards John Sharp, for the force is fully proved according to the nature of that force as required by the law. There seems to be some impropriety in contending for the insanity of John Sharp and yet contending that he gave authority at the same time to his son, Job Sharp, to go and get the possession. Some evidence should have been produced of having such authority, and then any violence to the agent would be considered as violence to the employer. The case of the servant making continual claim by command of the master applies, but there must be a command, and it will rest with the jury to decide this doubt.

Verdict, that the defendant was guilty.

A writ of error was brought and allowed.

Use AI to get other relevant cases.

Comments

STATE v. STANSBOROUGH
(Mar 1, 1797)