Daniel v. Capers
Daniel v. Capers
Opinion of the Court
Cuma, per
The proceeding by attachment against an officer of the court for a neglect of duty is
It appears then that an attachment as for a contempt is in effect a civil proceeding of a.summary nature, by which courts of justice compel their officers to indemnify individual suitors for losses sustained by neglect of duty. To this remedy the present plaintiff has had recourse, and the question now is whether he can have a further satisfaction? I think not. It is a fundamental principle that a party is not entitled to more than one satisfaction for the same injury.
However often the mode of recovery may be varied, in the proceeding had the court might as before shown have compelled the defendant to do ample justice to the plaintiff and the presumption is that it did, and in its discretion might have superadded, as a condition to the discharge of the attachment, interest o>. the amount due him; or if the plaintiff had thought prop! have proceeded by action at law he might have recoITi’ddit. But having elected to proceed by attachment his wrongs are repaired and he can have no further remedy.
Concurring Opinion
I concur, except that I think a judge could not give interest on a rule.
New trial granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.