Cumming v. . Brown
New York Court of Appeals
Appeal by the defendant from a judgment of the late General Term of the Supreme Court, in the sixth judicial district, affirming an affirmance by the Delaware County Court of a judgment for the plaintiffs in justices’ court, in the town of Walton, in that county. The defendant obtained leave of the General Term to bring this appeal.
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Appeal by the defendant from a judgment of the late General Term of the Supreme Court, in the sixth judicial district, affirming an affirmance by the Delaware County Court of a judgment for the plaintiffs in justices’ court, in the town of Walton, in that county. The defendant obtained leave of the General Term to bring this appeal. The action was for wrongful taking and conversion of a certain black horse, which the plaintiffs alleged was the property of their testator, Stephen Yan Schoyck. The defendant answered, among other things, justifying the seizure on the ground that he was at the…
1Opinion of the CourtRapallo, J.
A deputy sheriff is entitled, in respect to liabilities incurred by the doing of an act in his official capacity, to the protection of the short statute of limitations contained in subdivision 1 of section 92 of the Code.
He is a public officer required by statute to take an oath of office (1 Stat. at Large, 352, § 74), and comes under the general denomination of “ a sheriff,” and can claim the benefit of statutes regulating actions against sheriffs.
The taking by a deputy sheriff, by virtue of an attachment, of property supposed to be the property of the debtor, and the sale of that property…
2Cases cited2 opinions
- Morris v. Van VoastNew York Supreme Court · 1838
- Dennison v. PlumbNew York Supreme Court · 1854
3Cited by27 opinions
- Lammon v. FeusierSupreme Court of the United States · 1884
- Rodney Taylor v. Thomas Mayone, Sheriff of Ulster County, Deputy John Doe and Sergeant John DoeCourt of Appeals for the Second Circuit · 1980
- Paschall v. MayoneDistrict Court, S.D. New York · 1978
- Regan v. SullivanCourt of Appeals for the Second Circuit · 1977
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942
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