Citation Numbers: 2 Hill & Den. 338
Judges: Cowen
Filed Date: 1/15/1842
Status: Precedential
Modified Date: 1/12/2023
By the Court,
The plea demurred to is founded on 2 R. S. 224, 2d ed. § 22, which provides, that “all actions against sheriffs and coroners upon any liability incurred by them by the doing1 any act in their official capacity, or by the omission of any official duty, except for escapes, shall be brought within three years after the cause of action shall have accrued, and not after that period.”
It may be conceded that the causes of action accrued respectively, on the omission to return the -fi. fa. or to levy, without waiting for the accruing of actual damage to the plaintiffs; and in this view the plea might have been good on general demurrer. But it is demurred to specially for not following the statute in terms, by saying that the causes of action did not accrue, &c. The nature of the objection to the plea is, that it seeks to reach the words of the statute by equivalent terms, or rather, argumenta
Judgment for plaintiffs.
See Fisher v. Pond, (1 Hill, 672.)