Morton & Canda v. Campbell
New York Supreme Court
APPEAL from a judgment entered at a special term, after a trial, at the circuit, before the court, without a jury. The action was brought against the defendant, as sheriff of King’s county, for not holding a defendant to bail on an attachment issued by order of the county judge, in proceedings supplementary to execution in an action brought by Morton & Canda (the plaintiffs herein) against one Seth B. Cole.
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APPEAL from a judgment entered at a special term, after a trial, at the circuit, before the court, without a jury. The action was brought against the defendant, as sheriff of King’s county, for not holding a defendant to bail on an attachment issued by order of the county judge, in proceedings supplementary to execution in an action brought by Morton & Canda (the plaintiffs herein) against one Seth B. Cole. On the trial the following facts were found by the judge: That such .judgment was recovered by the plaintiffs against Seth B. Cole, as was stated in the complaint, and that all the,matters…
1Opinion of the Court
By the Court,
Emott, J.
The bond taken by the defendant as sheriff, upon the arrest of Seth B. Cole, was in all respects in conformity with the statute, except that it was executed by one surety only, instead of two. The theory of the present action is, that this bond was illegally taken “ colore officii,” and is altogether void. The statute (2 R. S. 286, § 66) enacts that no sheriff or other officer shall take any bond, obligation or security, by color of his office, in any other case or manner than such as are provided by law; and any such bond, obligation or security taken otherwise than *182as…
2Cases cited4 opinions
- Millard v. CanfieldNew York Supreme Court · 1830
- Kesler v. HaynesNew York Supreme Court · 1831
- Bank of Buffalo v. BoughtonNew York Supreme Court · 1839
- Richards v. PorterNew York Supreme Court · 1810
3Cited by1 opinion
- Adee v. AdeeNew York Supreme Court · 1878