Jones v. Van Bever

Dissenting Opinion by

Judge Carroll.

The opinion holds that the sheriff is not liable for the act of his deputy unless the act is committed by the deputy in an effort to execute a valid writ or process in his hands, or under authority of some statute. The application of this principle would in a similar way limit the liability of the sureties in the bond of an officer, such as a sheriff, policeman, constable or town marshal. And so for convenience and to avoid the necessity of repeti*98tion, I will treat the question as it affects the liability of the sureties in the bond of any of the officers…