Koch v. Coots
Michigan Supreme Court
Error to the Superior Court of Detroit. Trespass on the case. Plaintiff brings error. A sheriff’s liability for falsely returning a fieri facias may depend on his knowledge of facts which should cause him to try to find property, Bell v. Com. 1 J. J. Marsh. 553; it is negligence per se if a notary fails to ask the holder of a dishonored bill the indorser’s address, Harris v. Robinson 4 How. 345; a sheriff could inquire of the bail for the address of his principal,…
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Error to the Superior Court of Detroit. Trespass on the case. Plaintiff brings error. A sheriff’s liability for falsely returning a fieri facias may depend on his knowledge of facts which should cause him to try to find property, Bell v. Com. 1 J. J. Marsh. 553; it is negligence per se if a notary fails to ask the holder of a dishonored bill the indorser’s address, Harris v. Robinson 4 How. 345; a sheriff could inquire of the bail for the address of his principal, Petersdorff on Bail, p, 405.
1Opinion of the CourtGraves, J.
The plaintiff in error and George Kopp undertook as special bail for the appearance of one Bettinger in a suit against him by Ernest Lichfelt. The latter having recovered in the action, took steps to fix the bail. ’’! An execution against the body was sued out and placed in the hands of Coots, the sheriff, for service, and he made return in substance that the defendant Bettinger could not be found within his county. Lichfelt v. Kopp 38 Mich. 312. Lichfelt then sued the plaintiff in error on his undertaking as bail, and collected of him the condemnation money and costs.
This action was…
2Cases cited5 opinions
- Nicolls v. IngersoliNew York Supreme Court · 1810
- Parker v. BidwellSupreme Court of Connecticut · 1819
- Cozine v. . WalterNew York Court of Appeals · 1873
- Bradley v. BishopNew York Supreme Court · 1831
- Lichfelt v. KoppMichigan Supreme Court · 1878
3Cited by1 opinion
- State v. BiesmanMontana Supreme Court · 1892