6 N.Y.S. 577 | N.Y. Sup. Ct. | 1889
The objection is taken on behalf of the plaintiff that this is not an action against the sheriff of Albany county for an act done in virtue of his office, because the principal relief sought is to restrain the sale of the property levied upon. This objection, cannot be sustained, because the complaint demands judgment against the sheriff for damages alleged to have been sustained by the plaintiff by reason of the levyi There is, however, another
Code Civil Proc. N. Y. % 983, provides that an action against a public officer, or person specially appointed to execute his duties, for an act done in virtue of his office, or for an omission to perform a duty incident to his office, must be tried in the county where the cause of action, or some part thereof, arose.