NIVIN v. STATE, 1 Del. Cas. 505 (1811)

Clayton’s Notebook, 26.[*]

DAVID NIVIN, Defendant below, v. STATE, for the use of FIELD, WARDEN, and BACON.

Court of Errors and Appeals of Delaware.
August, 1811.

[*] This case is also reported in Ridgely’s Notebook I, 10.

Error from ___.[1] This was a suit on the recognizance of Maxwell Binns, late sheriff of New Castle County. The question on which the cause turned was whether Nivin, one of the sureties, was liable for money which had been levied by Maxwell Binns under an execution coming to his hands after the expiration of his term of office and directed to him as late sheriff.

The Court were of opinion that under the recognizance the sheriff’s sureties are merely answerable for what is done during

Page 506

the continuance of the term of office, and not for anything done afterwards, under the Act of Assembly [2 Del. Laws 933] permitting writs of venditioni exponas in certain cases to be directed to and executed by later sheriffs; and accordingly reversed the judgment of the court below.

Ex relatione W. T. Clayton.

[1] Blank in manuscript. The omitted words apparently were “Justices of the Court of Common Pleas for New Castle County.”