McFarland v. Crary
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court, McFarland, a deputy of the sheriff of the county of Washington, was sued in two actions for acts done by him in his character as a deputy sheriff, under an execution in favor of M, Billings. The plaintiff in the execution agreed to indemnify the deputy, and relained Messrs. Crary and McLean, attornies of the supreme court, to defend the. suits.
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Error from the supreme court, McFarland, a deputy of the sheriff of the county of Washington, was sued in two actions for acts done by him in his character as a deputy sheriff, under an execution in favor of M, Billings. The plaintiff in the execution agreed to indemnify the deputy, and relained Messrs. Crary and McLean, attornies of the supreme court, to defend the. suits. In one of the suits judgment as in case of nonsuit was obtained, and in the other the plaintiff was nonsuited on the trial. The attornies taxed double costs against the plaintiffs in those suits, amounting in. the two…
1Opinion of the Court
*302The following opinions were delivered :
By Mr. Senator Beardsley.
I have come to the conclusion that this judgment must be affirmed, although for reasons different from those assigned by the supreme court.
There is no weight in the objection that an action should have been brought against M’Lean alone. He and Crary were partners, and for monies received by one, the copartners were liable.
The statute giving double costs to sheriffs, coroners, justices, constables, overseers of the poor, &c. was intended as a protection to the several officers whose duties rendered them peculiary liable to be…
2Cited by4 opinions
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
- Bartle v. . GilmanNew York Court of Appeals · 1858
- Nestle v. JonesNew York Supreme Court · 1851
- Wheeler v. McFarlandNew York Supreme Court · 1846