Brown v. Littlefield
New York Supreme Court
This was an action of debt for an escape, tried at the Erie circuit, in April, 1830, before the Hon. Addison Gardiner, one of the circuit judges.
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This was an action of debt for an escape, tried at the Erie circuit, in April, 1830, before the Hon. Addison Gardiner, one of the circuit judges. The suit was for a voluntary escape, suffered by the sheriff, of one Hopkins, arrested on a ca. sa. issued on a judgment in favor of the plaintiff against him; the escape was alleged to have taken place on the I2th June, 1824. The defendant pleaded nil debet, and subjoined to his plea a notice, that on the trial of the cause he would prove that Hopkins went at large by the license of the plaintiff On the trial the plaintiff proved his judgment, the…
1Opinion of the Court
By the Court,
Sutherland, J.
The principal question upon the merits in this case was fully considered and diposed of by this court, when the cause was before it on a former occasion, 1 Wendell, 398. It was then held that the plaintiff, by commencing an action against the sheriff in October, 1823, for an alleged voluntary escape of Hopkins, thq defendant in the execution, had elected to consider him out of custody; and that from the commencement of that suit, Hopkins ceased to be, in judgment of law, in the custody of the sheriff, and had a right to depart from the jail liberties with impunity ;…
2Cases cited1 opinion
- Littlefield v. BrownNew York Supreme Court · 1828
3Cited by6 opinions
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- Hill v. CallaghanMichigan Supreme Court · 1875
- Richardson v. RittenhouseSupreme Court of New Jersey · 1878
- Romaine v. New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Romaine v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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