People Ex Rel. Kellogg v. Schuyler
New York Court of Appeals
This was an action of debt brought in the supreme court, upon the official bond executed by Schuyler as sheriff of the county of Eensselaer, and by the other defendants as his sureties, to the people of the state of blew-York.
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This was an action of debt brought in the supreme court, upon the official bond executed by Schuyler as sheriff of the county of Eensselaer, and by the other defendants as his sureties, to the people of the state of blew-York. The declaration set forth the bond iii the penalty of $10,000, and conditioned that the said Schuyler should “ well and faithfully in all things perform and execute the office of sheriff of said county of Eensselaer, during his continuance in said office by virtue of his election thereto, without fraud, deceit or oppression.” It was alledged for a breach, that on the…
1Opinion of the CourtGardiner, J.
The only question presented by the pleadings is, whether the sheriff and his sureties are liable upon his official bond, for a trespass committed by the former in taking the goods.of the relator, in an attempt to execute regular and valid process, issued against the property of another.
The bond was in form to the people of the state ; it was in effect a security, not only to suitors, who might have a direct interest in the action of the sheriff, but .to every citizen who might be injured by his official misconduct. Before and at the time of the alledged trespass, Schuyler was sheriff of the…
2Cases cited1 opinion
- Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
3Cited by53 opinions
- Rager v. McCloskeyNew York Court of Appeals · 1953
- Lammon v. FeusierSupreme Court of the United States · 1884
- Jones v. Van BeverCourt of Appeals of Kentucky · 1915
- Malone v. HowellSupreme Court of Florida · 1939
- Chandler v. RutherfordCourt of Appeals for the Eighth Circuit · 1900
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