Latham v. Westervelt
New York Supreme Court
Appeal by the plaintiff, from a judgment of nonsuit. The action was brought against the defendant, as sheriff of the city and county of New-York, for the escape of one Daniel A. Van Namee, who had been arrested by the defendant, under a warrant issued by Judge Edmonds, in favor of the plaintiff against Said Van Namee, by virtue of the provisions of the non-imprisonment act.
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Appeal by the plaintiff, from a judgment of nonsuit. The action was brought against the defendant, as sheriff of the city and county of New-York, for the escape of one Daniel A. Van Namee, who had been arrested by the defendant, under a warrant issued by Judge Edmonds, in favor of the plaintiff against Said Van Namee, by virtue of the provisions of the non-imprisonment act. The cause came on for trial at the New-York circuit in December, 1850, before his honor Justice Willard. The plaintiff proved the judgment in his favor against Van Namee, the affidavits on which the warrant issued, the.…
1Opinion of the Court
By the Court, Edwards, J.
The hill of exceptions in this case shows that Daniel A. Yan Harnee was arrested under the nonimprisonment act. The warrant was issued by one of the justices of the supreme court in the first district, and was in the usual form, except that it was made returnable before one of the justices of this court at their chambers, in the City Hall, &c. It appears, however, that the warrant was in fact returned before the justice who issued it, and that an examination was had before him, and that after, several adjournments, sometimes by his order, and sometimes by the…
2Cited by1 opinion
- Latham v. WesterveltNew York Supreme Court · 1857