Paddock v. Cameron
New York Supreme Court
Case against the defendant, as under sheriff of the county Warren, for a false return to a writ of fi. fa. The cause was tried at the Warren circuit, June 20th, 1825, before Duer, C. Judge. aPPeare A motion was made by the plaintiff for a new trial on several grounds; and opposed on the ground, among others, that the defendant’s office of under sheriff expired with that of Mr. Farlin, the sheriff.
1Opinion of the Court
Curia, per Woodworth, J.
I do not consider it necessary to examine the question, whether the evidence sufficiently establishes the fact of a false return; being of opinion that this action does not lie against the under sheriff.
The general rule is, that an action will not lie against an under sheriff, for a breach of duty in his office, although *he may, as well as any other agent, make himself personally responsible by a special undertaking. (Cameron v. Reynolds, Cowp. 403; Tuttle v. Love, 7 John. 472.)
The inquiry then is, whether a case like the present is provided for by the statute, (1 R.…
2Cases cited1 opinion
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by4 opinions
- Robinson v. HallSupreme Court of Kansas · 1885
- Raney & Cheney v. WeedThe Superior Court of New York City · 1850
- Davis v. SladdenOregon Supreme Court · 1889
- President, Directors & Co. of the Bank of Whitehall v. WeedNew York Supreme Court · 1853