Harlan v. Lumsden

IUDGE BULLITT

delivered the opinion of the court :

By the common law, a stranger'1 cannot sue a deputy sheriff, for the breach or non-performance of his official duties. The principal sheriff is liable to persons thus injured, and the deputy is liable to his principal. (Owens vs. Gatewood, 4 Bibb, 494; Watson on Sh., 33.)

We are not aware of any statute giving to the Commonwealth the right to sue a deputy sheriff for failing to pay into the treasury public revenue collected by him; and, in our opinion, the Commonwealth has no such right. Though it may be the duty of a deputy to pay the m'oney…