4 D.C. 201
Decided May 15, 1832
Assumpsit, by the plaintiff, late marshal of the District of Columbia, (for $187.73 for his poundage fees,) against Jeremiah Hoffman, survivor of William Hoffman, for whose use'a judgment had been recovered in the names of George and John Hoffman, against John Cox, who was arrested by the marshal (Ring-gold) upon a ca. sa., and released upon a prison-bounds bond, and afterwards discharged under the insolvent act of the District of Columbia.
Decided 1832-05-15
¶1was of opinion, that the persons for whose use the suit was entered were not liable to the officers for their fees, although liable to the defendant for costs.
¶2was of opinion that there was no evidence that the ca. sa. was served at the request of the defendant; and he and Morsell, J., seemed to be of opinion, that if that fact had been proved, the plaintiff might have recovered.