¶1overruled the objection. This was an action by the plaintiff to recover for services rendered to the deceased in his official character as sheriff at his instance and request, and not a case of an alleged illegal arrest between the deputy and a third person, in which he was called upon to show his legal authority for making it; and without alluding any further to the case cited, it was sufficient to remark that there was no statute, or law of this State which required that a deputy sheriff should be deputed, or appointed by the sheriff in writing, and if the services could be proved to have been rendered by the plaintiff as such in the mode proposed, he would be entitled to recover for them, without proof of his appointment in writing.
7 Del. 123
Morris v. Jones
Decided July 1, 1859
Superior Court of Delaware · decided 1859-07-01
Narr in assumpsit with the usual pleas. West, the the deceased, had been sheriff of the county from November 1846 to November 1848, and the action of the plaintiff was against his administrator for services performed by him as a deputy during his term of office. Benjamin Burton was produced and sworn as a witness for the plaintiff, and was proceeding to state that he had acted as a deputy sheriff for Mr. West, during the time he was in office.
Decided 1859-07-01