M'Intyre v. Trumbull
New York Supreme Court
IN error, on certiorari, from a justice’s court. Trumbull sued M'Intyre before a justice. The plaintiff declared that Stebbins, the under-sheriff of M'Intyre, had taken more fees of the plaintiff, for collecting money ° J On an execution, than he was by law entitled to, &c. The defendant pleaded the general issue. The. cause was tried by a jury. Two witnesses were sworn for the plaintiff. Verdict for the plaintiff, for 10 dollars and 69 cents.
1Per curiam
There is nothing appearing upon the return of the justice, to enable the court to examine the *36merits of this case: and the only question is, whether . ^ , ■ ’ , ' any case, an action will lie against a sheriff for the act of his deputy,' in taking or extorting more fees on execution than are allowed by law. On this point the law is too well settled to be now questioned. The sheriff is answerable civiliter, for the acts of his deputies; and it is no objection, that the act is of a criminal nature, for which the deputy might be answerable criminaliter. Whether it was shown that the sheriff had…
2Cited by9 opinions
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- Cotton v. MarshWisconsin Supreme Court · 1854
- Ogden v. MaxwellU.S. Circuit Court for the District of Southern New York · 1855
- Waterbury v. . WesterveltNew York Court of Appeals · 1854
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