Lewis v. Douglass
New York Supreme Court
Appeal from judgment on report of referee. Action by Alfred C. Lewis and Alvin R. Smith against William H. Douglass, to recover damages for the negligence of defendant in failing to complete a levy on real estate, under an attachment issued to him in an action brought in the supreme court by plaintiffs against one Thomas H. Clarke. Defendant, during the year 1885, was sheriff of Delaware county.
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Appeal from judgment on report of referee. Action by Alfred C. Lewis and Alvin R. Smith against William H. Douglass, to recover damages for the negligence of defendant in failing to complete a levy on real estate, under an attachment issued to him in an action brought in the supreme court by plaintiffs against one Thomas H. Clarke. Defendant, during the year 1885, was sheriff of Delaware county. Clarke was indebted to plaintiffs in the sum of $215, with interest from April 25, 1885, on two promissory notes. On September 8, 1885, plaintiffs, by their attorney, issued and delivered to defendant…
1Opinion of the CourtMerwin, J.
There is no doubt about the liability of the sheriff for damages occasioned by his negligence in the execution of process, (Ransom v. Halcott, 18 Barb. 56; Hoffman v. Conner, 13 Hun, 541; Code, § 102;) but it is claimed here that it is not a part of the duty of the sheriff to file the notice required by section 649 of the Code, and that if he agreed to file it, that would only be an individual matter, and would not support an action against him as sheriff. This seems to be the main proposition urged on defendant’s behalf. By section 644 of the Code the obligation is on the sheriff to…
2Cases cited1 opinion
- Ransom v. HalcottNew York Supreme Court · 1853
3Cited by3 opinions
- Van Camp v. SearleNew York Supreme Court · 1894
- Williamson Mill & Lumber Co. v. ValentineAppellate Division of the Supreme Court of the State of New York · 1923
- Doran v. Sheriff of Orange CountyAppellate Division of the Supreme Court of the State of New York · 1977