Terwilliger v. Wheeler
New York Supreme Court
TWO causes of action were set out in the complaint. The first was that the plaintiff, as a deputy of the sheriff of Delaware county, by virtue of an execution issued out of the county court of said county, in favor of John J. Bonner against Simon L. Lewis, levied upon and took lawful possession of one raft of the value of $200, the property of said Lewis, and that the defendants afterwards wrongfully and unlawfully took the raft from the possession of the plaintiff and…
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TWO causes of action were set out in the complaint. The first was that the plaintiff, as a deputy of the sheriff of Delaware county, by virtue of an execution issued out of the county court of said county, in favor of John J. Bonner against Simon L. Lewis, levied upon and took lawful possession of one raft of the value of $200, the property of said Lewis, and that the defendants afterwards wrongfully and unlawfully took the raft from the possession of the plaintiff and converted the same to their own use. The second was, that the plaintiff was lawfully possessed of a certain hemlock raft, the…
1Opinion of the Court
By the Court, Balcom, P. J.
A deputy sheriff is the agent or servant of the sheriff. (Colvin v. Holbrook, 2 Comst. 126.) The levy by the plaintiff, as deputy, upon the raft, in question, was the act of the sheriff. (Sheldon v. Payne, 3 Seld. 453.) He could not have made a valid levy in his own name. All levies and returns by a deputy sheriff must be made in the name of his principal, the sheriff. (Simonds v. Catlin, 2 Caines’ R. 61. Coleman & Caines’ Cas. 354. 23 Wend. 435, 441. 4 Hill, 351. Crock, on Sheriffs, §§ 39, 440, 531.) The possession of the raft by the plaintiff, as deputy sheriff,…
2Cases cited3 opinions
- Townsend v. CorningNew York Supreme Court · 1840
- Boardman v. HallidayNew York Court of Chancery · 1843
- Miller v. AdsitCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by3 opinions
- Tate v. PeopleColorado Court of Appeals · 1895
- Bartlett v. HalliganNew York Supreme Court · 1890
- Tate v. PeopleColorado Court of Appeals · 1895