Rawson v. Turner
New York Supreme Court
THIS was an action of debt. The declaration stated, 7 that in April term, 1798, the plaintiff recovered a judgement, in this court, against Isaac Bull, for 458 dollars and 2 cents, which judgment is still m force, &c. that On the 11th May, 1798, the plaintiff sued out a ca. sa« on the said judgment, returnable before the said justices, of the said court, at, &c. on the last Tuesday of July next; which was, on the same day, delivered to James Dole, then the sheriff of the…
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THIS was an action of debt. The declaration stated, 7 that in April term, 1798, the plaintiff recovered a judgement, in this court, against Isaac Bull, for 458 dollars and 2 cents, which judgment is still m force, &c. that On the 11th May, 1798, the plaintiff sued out a ca. sa« on the said judgment, returnable before the said justices, of the said court, at, &c. on the last Tuesday of July next; which was, on the same day, delivered to James Dole, then the sheriff of the county of Rensselaer, to be executed ; that Dole, on the same day, arrested Bull, and kept him in his custody; and Bull was…
1Opinion of the CourtVan Ness, J.
If a new sheriff regularly receives a prisoner from his predecessor, he is bound to detain him, and is answerable for his escape, although a voluntary escape may have existed in the time of his predecessor. The cases of Lenthal v. Lenthal, (2 Lev. 109.) of James v. Pierce, (2 Lev. 132. and 1 Ventris, 269.) and of Grant v. Louthers, (6 Mod. 183.) have so fully established this rule of law, that on this ground, if no other difficulty intervened, the plaintiff would be entitled to a new trial.
But it appears that the plaintiff elected to prosecute Dole, the former sheriff, to judgment, for the…
2Cited by9 opinions
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Fowler v. Bowery Savings BankNew York Court of Appeals · 1889
- Grosslight v. Wayne Circuit JudgeMichigan Supreme Court · 1901
- Ex parte VoltzIndiana Supreme Court · 1871
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