People v. Brown

New York Supreme Court

People v. Brown

6 Cow. 41

CourtNew York Supreme Court

DecidedAugust 15, 1826

StatusPublished

Cited by2 cases

This text of 6 Cow. 41 (People v. Brown) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Brown, 6 Cow. 41 (N.Y. Super. Ct. 1826).

Pincite

Opinion

The Court

agreed that this was no objection. They said the remedy by attachment, although in form a criminal, was in truth but a civil proceeding; and the sheriff was liable for the act of his deputy, the same as in a civil action ; that The People v. Gilliland went upon the very great delay, and the death of the deputy. The case cited from Johnson’s and Coleman’s cases, has not been followed. The court look to the sheriff. They do not know the deputy in this, and the like proceedings. The sheriff must stand committed, till the money and costs are paid,

Rule accordingly.

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The Court

agreed that this was no objection. They said the remedy by attachment, although in form a criminal, was in truth but a civil proceeding; and the sheriff was liable for the act of his deputy, the same as in a civil action ; that The People v. Gilliland went upon the very great delay, and the death of the deputy. The case cited from Johnson’s and Coleman’s cases, has not been followed. The court look to the sheriff. They do not know the deputy in this, and the like proceedings. The sheriff must stand committed, till the money and costs are paid,

Rule accordingly.

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Bluebook (online)

6 Cow. 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brown-nysupct-1826.

Opinion

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