Morton v. Campbell
New York Supreme Court
Appeal from a judgment. This was an action by John Morton and John M. Canda against Anthony F. Campbell, sheriff of Kings county, for not holding a defendant to bail on an attachment issued, by the county judge of Bungs, in supplementary proceedings.
Read the full summary
Appeal from a judgment. This was an action by John Morton and John M. Canda against Anthony F. Campbell, sheriff of Kings county, for not holding a defendant to bail on an attachment issued, by the county judge of Bungs, in supplementary proceedings. The plaintiffs had recovered a judgment against one Seth B. Cole for $1,838.75 ; supplementary proceedings were instituted against Cole, property disclosed, a receiver appointed, and Cole was directed to transfer his property to such receiver. Cole didR not comply with this order, and proceedings were instituted to punish his disobedience as a…
1Opinion of the Court
By the Court.*—Emott, J.
The bond taken by the defendant, as sheriff, upon the arrest of Seth B. Cole, was, in all respects, in conformity with the statute, except that it was executed by one surety only instead of two. The theory of the present action is, that such a bond was illegally taken colore officii, and is altogether void. The statute (2 Rev. Stat., 286, § 66) enacts that “ no sheriff or other officer shall take any bond, obligation, or security, by color of his office, in any other- case or manner than such as are provided by law; and any such bond, obligation, or security, taken…
2Cases cited5 opinions
- Bank of Orange County v. WakemanNew York Supreme Court · 1823
- Winter v. . KinneyNew York Court of Appeals · 1848
- Kesler v. HaynesNew York Supreme Court · 1831
- Bank of Buffalo v. BoughtonNew York Supreme Court · 1839
- Richards v. PorterNew York Supreme Court · 1810