Wickelhausen v. Willett
The Superior Court of New York City
Appeal from a judgment. This was an action brought by the plaintiff against the sheriff, for the escape of John D. Williamson, who had been arrested upon execution against his person, and was confined within the liberties of the jail, having given the usual bond to such sheriff. The action was tried before Mr. Justice Hoffman, a jury being waived.
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Appeal from a judgment. This was an action brought by the plaintiff against the sheriff, for the escape of John D. Williamson, who had been arrested upon execution against his person, and was confined within the liberties of the jail, having given the usual bond to such sheriff. The action was tried before Mr. Justice Hoffman, a jury being waived. It appeared that on February 18th, 1857, the plaintiff recovered judgment against Williamson, upon which Williamson was liable to arrest; and an execution" against property having been issued and returned unsatisfied, an execution against the person…
1Opinion of the Court
Bt the Court.*—Bosworth, C. J.
—The statutes' and authorities seem to justify these conclusions:
1. Williamson was seized and taken off the limits by authority of law, against his will, and without his consent.
2. At the time he was so seized, his right to the jail-liberties, as between himself and the sheriff, was absolute. The sheriff had no right to confine him in close custody, and had no control over his movements, except to retake him if he escaped. (3 Rev. Stat., 5 ed., 734, § 68, [47]; Ib., 736, § 85, [64].)
3. Williamson did not “ go at large, without the liberties of the county,” within…
2Cases cited1 opinion
- Hassam v. GriffinNew York Supreme Court · 1820