Warner v. Lownds

Decided October 15, 1828

The Superior Court of New York City · decided 1828-10-15

This was an action on the case against the sheriff for a neglect of his official duty. The declaration contained two counts. In the first, the plaintiff claimed damages of the sheriff for not levying on the property of a defendant under certain executions issued in favour of the plaintiff; in the second, for not returning said executions. Plea, not guilty.

Decided 1828-10-15

The Court

¶1directed single costs only to be taxed in favour of the sheriff, considering this as a case of non-feasance merely on the part of the officer, and for which the action was brought.

¶2[Mr. E. Anthon, Att'y for the deft. Mr. H. Warner, in propria persona.]