Bissell v. Kip
New York Supreme Court
THIS was an action of debt, against the defendant, as sheriff of the county of Oneida, for the escape of Abel Brigham, charged in execution, at the suit of the plaintiff.
Read the full summary
THIS was an action of debt, against the defendant, as sheriff of the county of Oneida, for the escape of Abel Brigham, charged in execution, at the suit of the plaintiff. The declaration stated a judgment in favour of the plaintiff against Brigham, of November term, 1808, for 5,403 dollars and 77 cents, damages, and 37 dollars and 59 cents, costs, and that a ca. sa. was issued thereon, tested "26th November, 1808, commanding the sheriff of Oneida to have the body of Brigham, before, &c. at Albany, on , , _ _ 7 . ’ J the 18th of February, 1809, to satisry, &c. The execu- . - , _ , tion was…
1Opinion of the Court
[Kent, Ch. J.
There can be no doubt that the going beyond the limits, under the pretence of avoiding the show, on the walk, was an escape.]
This is not a hard case on the defendant; or such as claims any peculiar favour or indulgence from the court.
The sheriff is not bound to enlarge the prisoner from the gaol, or to give him the privilege of the liberties, until .he has received the most satisfactory security, for his faithful continuance within the limits. If he does not possess that security, it is his own negligence or folly.
As to the variance between the execution produced, and the one…
2Cited by36 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Lancashire Insurance v. CorbettsIllinois Supreme Court · 1897
- Whipple v. RobbinsMassachusetts Supreme Judicial Court · 1867
- American Bank v. RollinsMassachusetts Supreme Judicial Court · 1868
31 more not listed; retrieve them via the Exa API.