Coite v. Lynes
Supreme Court of Connecticut
Debt brought in the name of the treasurer of the state on a bond given by Jacob A. Yan Zandt, as sheriff of the county of Fairfield, against the defendant as administrator of his estate.
Read the full summary
Debt brought in the name of the treasurer of the state on a bond given by Jacob A. Yan Zandt, as sheriff of the county of Fairfield, against the defendant as administrator of his estate. The declaration set out the condition of the bond, which was as follows :— “ The condition of the said obligation is such, that whereas the said Jacob A. Yan Zandt has been, by the electors of Fairfield county, duly appointed sheriff of said county for three years from and after the first day of June, 1857, according to the provisions of the constitution and laws of the state of Connecticut, and has accepted…
1Opinion of the CourtButler, J.
The question involved in the issue made by the motion in arrest is the same as that made by the first *113rixling of the court. It is whether a sheriff is liable on his bond for the malfeasance of his deputy. In the case set out in the declaration,in which the tort was committed, the deputy, at the direction and request of the plaintiff, went out of his line of duty and the command in his precept and took the property of a third person not named in the writ and execution. The direction of the plaintiff saved the deputy from liability over to him, and the act was not one of neglect or default, for…
2Cases cited1 opinion
- Dayton v. LynesSupreme Court of Connecticut · 1862
3Cited by13 opinions
- Daugherty v. EllisWest Virginia Supreme Court · 1956
- Southern Railway Co. v. RoweCourt of Appeals of Georgia · 1907
- Minkler v. State ex rel. SmithersNebraska Supreme Court · 1883
- Warren v. CommonwealthSupreme Court of Virginia · 1923
- Carlisle v. Burke, New York County Courts1913
8 more not listed; retrieve them via the Exa API.