Anderson v. Hitchcock
New York Supreme Court
Motion for leave. to prosecute the sureties of the sheriff of Allegany for not returning an execution. A rule to return the execution was duly entered, and notice served on the sheriff. He having neglected to comply with the requisitions of the rule, this motion was made.
1Opinion of the Court
By the Court, Sutherland, J.
By the act of April 12th, 1827, the court are authorized to order the bond of the sheriff to be put in suit on the application of any party aggrieved, without requiring that a previous recovery shall have been had against the sheriff. It is left to the discretion of the court whether they will. direct a prosecution on the bond. By the act of 1813, the court were empowered to order the bond of the sheriff to be put in suit for any default or misconduct in his office after a recovery against him. Now such . order may be made anterior to such recovery. It is no longer…
2Cited by2 opinions
- Warren v. BeanWisconsin Supreme Court · 1858
- People ex rel. Fletcher v. LeeMichigan Supreme Court · 1887