Bowen v. Huntington
Supreme Court of Connecticut
THIS was an action on the case, against the defendant, as sheriff of the county of New-London, for the escape of Payton R. Randall, an imprisoned debtor, committed on an execution in favour of the plaintiffs.
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THIS was an action on the case, against the defendant, as sheriff of the county of New-London, for the escape of Payton R. Randall, an imprisoned debtor, committed on an execution in favour of the plaintiffs. The declaration áverred, that “ the defendant, being the sheriff of said county, and by law ‘charged with the safe-keeping of said Randall, without the leave or licence, and against the will, of the plaintiffs, suffered and permitted said Randall, freely and voluntarily to escape, and go at large, out of the custody of the defendant, and without the limits and precincts of said prison.”…
1Opinion of the Court
Hosmer, Ch. J.
Payton R. Randall, imprisoned in the county oí New-London, on execution in favour of the plaintiffs, having taken the oath provided by law for poor debtors, was admitted to the liberties of the prison, and afterwards escaped, with the knowledge, consent and direction of the defendant. The plaintiffs, the execution creditors, have brought their action on the case against the defendant, the sheriff of said county, for the preceding escape ; and on the trial, the defendant, to mitigate the damages, offered evidence to shew, that Randall was a bankrupt, when he departed from prison,…
2Cited by4 opinions
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Servis v. MarshU.S. Circuit Court for the Northern District of Illnois · 1889
- Clark v. SmithSupreme Court of Connecticut · 1832
- Sessions v. PintardCourt of Appeals for the Ninth Circuit · 1854