Agent of the State Prison v. Rikemam

By the Court, Bronson, Ch. J.

A sufficient answer is given to the motion for judgment as in case of nonsuit, and it is denied, but the plaintiff must stipulate to try the cause at the next circuit to be held in the county of Westchester.

The motion to amend must be granted. It is settled that the office of supervisor cannot sue. (Supervisor of Galway v. Stimson, 4 Hill, 136.) And I am unable to comprehend how any office can either sue or be sued, though the person holding the office may have a capacity to do and suffer both. The law has provided in many cases that an officer may sue in his name…