General

Clute against Van Slyck

3 Cow. 17·New York Supreme Court·1824·NY

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Opinion

Clute against Van Slyck. On certiorari. The defendant, being Sheriff of the county of Schenectady, was sued before a Justice of the Peace, for an escape of a prisoner upon execution ; and the Justice gave judgment in his favour. On certiorari to "this Court the judgment was affirmed ; and now,, The statute, (1 R. L. 155, s. 1) gi ving the sheriff, &c. double costs, on verdict, &c. in his favour, does not apply to a proceeding upon certiorari. JY*. F. Beck moved for double costs, upon the statute, (sess. 24, ch. 47, s. 1, 1 R. L. 155.) S. A. Foot, contra, said the statute did not apply to a proceeding on certiorari ; that it contemplated an action in which there could be a verdict or discontinuance, or a non-suit. [MAJORITY — Curia.] Curia. We do not think the statute applies to this case. Motion denied.