Stillman v. Squire
Court for the Trial of Impeachments and Correction of Errors
Replevin, in the detinet; plea non detinet. The cause was tried at the St. Lawrence circuit, before Willard, C. Judge. Prior to the 25th day of November, 1842, one Hallenback, a merchant residing at Hermon, in the county of St., Lawrence, purchased a quantity of groceries of the plaintiffs on credit; and on that day they were levied upon by Babcock, a deputy of the defendant, who was then sheriff of that county, at the store of Hallenback, in Hermon, by virtue of an…
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Replevin, in the detinet; plea non detinet. The cause was tried at the St. Lawrence circuit, before Willard, C. Judge. Prior to the 25th day of November, 1842, one Hallenback, a merchant residing at Hermon, in the county of St., Lawrence, purchased a quantity of groceries of the plaintiffs on credit; and on that day they were levied upon by Babcock, a deputy of the defendant, who was then sheriff of that county, at the store of Hallenback, in Hermon, by virtue of an execution from this court in favor of Weeks & Herrick, against Hallenback. Before the sale on the execution the goods were…
1Opinion of the Court
Per .Curiam.
We are not referred to any case holding it to be necessary in a suit against a sheriff for the acts of his deputy to describe him as sheriff, and we see n o reason why it should be so held. The object of the suit is to establish a personal and *329not an official liability, and the judgment, if one should be obtained, must be satisfied out of the defendant’s individual property. The suit would not abate by his removal or the expiration of his term of office; and it could have been brought after he had ceased to be sheriff, as well as before. When in cases like this his name of office…
2Cited by8 opinions
- Pringle v. PhillipsThe Superior Court of New York City · 1851
- Waterbury v. . WesterveltNew York Court of Appeals · 1854
- Greig v. WareSupreme Court of Colorado · 1898
- Zachrisson v. AhmanThe Superior Court of New York City · 1848
- Moses v. WalkerNew York Court of Common Pleas · 1858
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