Summary

David Davis Haffin v. Mason — Opinion of the Court

If the plaintiffs wished to test the question whether, under the evidence in the case, they could not recover against the assessor alone, they should fave fashioned their instruction to meet that emergency.
If they did not choose to do this, they are precluded from raising the question here, and the only point for decision is whether the court below erred in refusing the instruction in the terms in which it was presented.
A ministerial officer, in a case in which it is his duty to act, cannot on any principle of law be made a trespasser.
Source: Wikisource

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