Bensel v. Lynch
The Superior Court of New York City
Appeal by the defendant, from a judgment entered on the verdict of a jury. The facts appear in the opinion of the court. I. The .complaint in this action presents a case which, prior to the Code, would have been termed an escape on mesne process. For such an escape the Revised Statutes prescribed a remedy, which is still in force.
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Appeal by the defendant, from a judgment entered on the verdict of a jury. The facts appear in the opinion of the court. I. The .complaint in this action presents a case which, prior to the Code, would have been termed an escape on mesne process. For such an escape the Revised Statutes prescribed a remedy, which is still in force. (2 R. S. 437, § 62.) 1. Under this statute the sheriff is made answerable to the creditor in an action on the case to the extent of the damages sustained by him. (Patterson v. Westervelt, 17 Wend. 543.) 2. The Code has not repealed this provision of the statute.…
1Opinion of the Court
By the Court,
Garvin, J.
This case was tried before a justice of this court and a jury, on the 15th of March, 1864. A verdict was found for the plaintiffs for the sum of $7000, under the direction of the court, to which the defendant duly excepted. The plaintiff claimed to recover of the defendant, alleging in his complaint: That one Phin White was arrested hy him, and that bail was- not given, nor was a deposit made, whereby the sheriff had made himself liable as bail.
It appeared upon the trial that on the 16th of September, 1862, an order was made by a justice of this court to arrest Phin…
2Cases cited3 opinions
- Gallarati v. . OrserNew York Court of Appeals · 1863
- Cable v. CooperNew York Supreme Court · 1818
- Metcalf v. StrykerNew York Supreme Court · 1859
3Cited by1 opinion
- Crislip v. CainWest Virginia Supreme Court · 1882