The partat 'll¡e0Bpa-ty síance a She-sued, may> afagainstdSmthe Sheriff and his tohave’the°amount of his original judgmení against with interest viedonthéexecution to be issued against the Sheriff and whhou^giving a previous notice of such motion to the defendants.
ON producing the record in this cause, it appeared, that the action was brought on a bond given by John S. Davis, ^ate Sheriff of the county of Oswego, and his sureties, for the performance of his duty as Sheriff, pursuant to the statute ; and that the same had been prosecuted, by leave of the Court, at the instance of Barent Walradt.
Reynolds, in behalf of Walradt,
now moved, that the She» riff of the county of Oswego, be directed to collect, on the execution to be issued in this cause, the sum of 169 dollars an¿ 93 cents, being the amount of the original iudgment against J. S. Davis, at the suit of B. Walradt, for the default of the said Sheriff, in his office, &c., together with the interest thereon, from the 24th of October 1821, the day when the said judgment was docketted, and the costs of gujt. anc[ that the amount be paid over to the said B. W.
As this suit was brought at the instance of Walradt, on whose motion the action was brought on the Sheriff’s bond, it is, in that respect, distinguishable from the case of The People v. Birdsall and others, just now decided. This application, therefore, may be made, without giving previous notice to the defendants ; and we grant the rule.
Rule granted.
20 Johns. 300
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