
    Foster versus Baldwin.
    
      (February Term, 1786,
    
      in Suffolk.)
    
    A sheriff may be sued out of his county for misfeasance in office
    This was an action of the case against Baldwin, as sheriff of the county of Middlesex, for refusing to deliver to the plaintiff a bail bond, in an action wherein Foster was plaintiff, and in which the deputy sheriff returned that he had taken bail.
    “ And the said -Baldwin comes and says that, at the time of the purchase and service of this writ, he was, long before had been, and ever since hath been, sheriff of the county of Middlesex; and that by law, for the misfeasance mentioned in the declaration, he ought to be sued, and held to answer, in that county, and not in any other, and this he is ready to verify: —wherefore, as by the within writ he is summoned to answer in the county of Suffolk, and not in the county of Middlesex, he prays judgment whether this Couit will take further cognizance of this action.”
    By James Sullivan
    
    To this plea the plaintiff demurred.
    By John Lowell.
    
    The defendant joined in demurrer
   * Judgment. — And after a full hearing of both par- [ *570 __ ties upon the said plea to the jurisdiction, the same was overruled by the Court, (Cushing, C. J., Sergeant, Sewall, Dana, and Sumner,) and the said Baldwin ordered to answer over to the plaintiff s writ and declaration. 
      
      
         Marshall vs. Hosmer, 3 Mass. Rep. 23. — French vs. Judkins, 7 Mass. Rep 229). — Pearce vs. Atwood, 33 Mass. Rep. 224.
     