Wheeler v. McFarland
New York Supreme Court
In September, 1828, the defendant was sheriff of the county of Washington, and levied upon certain personal property by virtue of a ji-fa. in favor of one David Vaughn. The plaintiffs thereupon brought this action of replevin. The defendant refused to incur any risk of expense in the defence of the suit, and never did any thing whatever by way of defending it. Vaughn undertook the defence, and gave the defendant a good and sufficient bond of indemnity.
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In September, 1828, the defendant was sheriff of the county of Washington, and levied upon certain personal property by virtue of a ji-fa. in favor of one David Vaughn. The plaintiffs thereupon brought this action of replevin. The defendant refused to incur any risk of expense in the defence of the suit, and never did any thing whatever by way of defending it. Vaughn undertook the defence, and gave the defendant a good and sufficient bond of indemnity. Vaughn employed the attorney and counsel, and paid them; and he conducted and paid all the expenses of the defence from beginning to end. The…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The case of McFarland v. Crary, (8 Cowen, 253, and 6 Wend. 297, in error,) is in point against granting' this motion. In that case double costs had been adjudged to an officer, and the money had come into the hands of the attorneys who conducted the defence. The officer "sued the attorneys for the double or increased costs; but this court held, that the moneyffielonged to the attorneys, and gave judgment" against the officer. That judgment was affirmed- by the court of errors. So "far as" can be gathered" 'from the opinions delivered, the affirmance did not…
2Cases cited1 opinion
- McFarland v. CraryCourt for the Trial of Impeachments and Correction of Errors · 1830