Potter v. Luther
New York Supreme Court
ON certiorari. The plaintiff below brought an action . , . ° or trespass de boms asportahs. The defendant pleaded, that, as one of the deputy sheriffs of Washington county, he took the goods by virtue of a fieri facias issued out of the court of common pleas, and offered witnesses to prove, by reputation, that he was a general deputy of the sheriff; but the justice overruled the evidence, and required that the defendant should produce and prove his appointment by the sheriff.
1Per curiam
It is a general rule to admit proof by reputation, that a person acts as a general public officer or deputy. In Berryman v. Wise, (4 Term, 366.) the court of K. B. in England, decided, that in the case of all peace officers, justices of the peace, constables, &c. it was sufficient to prove that they acted in those characters, without producing their appointments, and that even in a case of murder.
Jud'-ment reversed.
2Cited by21 opinions
- People v. CookNew York Supreme Court · 1852
- Colton v. Beardsley, Bigelow & SpoonerNew York Supreme Court · 1860
- Moody v. KeenerSupreme Court of Alabama · 1838
- Dillingham v. SmithSupreme Judicial Court of Maine · 1849
- City of New York v. VanderveerAppellate Division of the Supreme Court of the State of New York · 1904
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