Hirsch v. Rand

Citations

• 39 Cal. 315

Syllabus

<p>Trespass by a Marshal..—A trespass committed by a Deputy Marshal or Sheriff, in his official character, is considered, in law, as committed directly and personally by his principal.</p> <p>Idem:.—Personal Responsibility When a trespass is committed by a Marshal or Sheriff, either personally or by deputy, his official character does not relieve him from personal responsibility.</p> <p>Idem.—Action eor Damages.—Pleading.—In an action against an officer, such as Sheriff or Marshal, for a trespass committed through his deputy, it is not necessary to state the official character of the defendant in the complaint, or to charge the trespass as having been committed through a deputy.</p> <p>Action fob Trespass against a United States Marshal.—Jurisdiction of.— District Courts have jurisdiction of actions for trespass against a United States Marshal.</p> <p>Idem.—Whether the fact that defendant was Marshal of the United States, and the trespass was committed by his deputy, under cover of his office, gives him the right to have the cause transferred to the Courts of the United States—no decided,</p>