Levin v. Robie

The first claim made by the defendant, why the judgment rendered against him should be reversed, is that the court has no jurisdiction of the subject-matter of the action. The action seeks to charge defendant Robie, as surety, with liability for the failure of his principal, a constable, to levy an execution upon property of the judgment debtor, and make return thereon as required by law. The constable was duly appointed by the judges of the Municipal Court of Buffalo from the body of constables elected for the several wards of the city, as required by section 471 of the revised city charter,…