Loewenthal v. Wagner

The opinion of the court was delivered by

Dixon, J.

The defendant has a rule requiring the plaintiff to show cause why the sheriff of Hudson county should not repay to Joseph Stein $1,000 deposited by Stein with the sheriff as security, when the latter, as is alleged, released the defendant, whom he had arrested on a capias issued at the suit of the plaintiff.

The sheriffs return to the capias was that he had the defendant in custody, and this return remains unaltered on the files of the court. Except .upon a direct attack to set it aside or amend it, the return is conclusive against the sheriff…