Loosey v. Orser
The Superior Court of New York City
This is an appeal by the plaintiffs,'from an order at Special Term, made by Mr. Justice Slosson,- on the 22d of October, 1858, overruling plaintiffs’ demurer to the second and third defenses, stated in the defendant’s answer. ' The action is brought against the Sheriff for the escape of one Stephani from his custody as such Sheriff. Stephani was in custody upon a process for contempt.
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This is an appeal by the plaintiffs,'from an order at Special Term, made by Mr. Justice Slosson,- on the 22d of October, 1858, overruling plaintiffs’ demurer to the second and third defenses, stated in the defendant’s answer. ' The action is brought against the Sheriff for the escape of one Stephani from his custody as such Sheriff. Stephani was in custody upon a process for contempt. He had violated an injunction issued in an action, to which he was a party, pending in the Supreme Court, had been duly adjudged guilty of a contempt of Court, and fined on the 24th of' November,. 1855,…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
Section 8 of the act of the 19th of March, 1787, (Laws of N. Y., Greenl. ed., vol. 1, p. 410,) and section 21 of the act of April 6, 1813, (1 R. L., p. 426,) ’ so far as they relate to a prisoner committed to prison “ upon contempt,” are, in substance, the same as section 64 [section 61] of 2 Revised Statutes, 437, except that the latter section declares the sheriff, in case he suffers or permits any prisoner so committed “to go or be at large out of his prison,” “shall be liable to the party aggrieved for his damages sustained thereby, and shall be deemed guilty…
2Cases cited4 opinions
- Patterson v. WesterveltNew York Supreme Court · 1837
- Xenia Branch of State Bank of Ohio v. LeeThe Superior Court of New York City · 1858
- Hodges v. StateSupreme Court of Alabama · 1845
- Spafford v. GoodellU.S. Circuit Court for the District of Michigan · 1842