Ryan v. Eads, 1 Ill. 217, 1 Breese 217 (1827)

Dec. 1827 · Illinois Supreme Court
1 Ill. 217, 1 Breese 217

James J. Ryan, Plaintiff in Error, v. Abner Eads, Defendant in Error.

ERROR TO WASHINGTON.

A return to a writ by a person who signs himself " Deputy Sheriff,” without stating for A. B., sheriff, is erroneous. A deputy sheriff can only act in the name of his principal.*

Opinion of the Court by

Justice Lockwood.

This is a writ of error to the Washington circuit court.

Several errors have been assigned, but it is unnecessary to notice more than one of them.

The second writ of scire facias was returned by a person who signs himself deputy sheriff. This was clearly erroneous. A deputy sheriff can only act in the name of his principal. The judgment having been entered by default, this irregularity can be assigned for error.' Judgment reversed for the *218irregularity of the proceedings below with costs, but the reversal not to operate to the prejudice of any future proceedings on the mortgage, (a) , (1)

T. Reynolds, for plaintiff in error.

McRoberts, for defendant in error.

Judgment reversed.