Martin v. Wood
New York Supreme Court
This was an action on the case, tried at the Dutchess circuit, before the Hon. James Emott, late one of the circuit judges. The action was brought for the escape from prison of J. G. Lasher, junior, a defendant in execution, at the suit of the plaintiffs.
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This was an action on the case, tried at the Dutchess circuit, before the Hon. James Emott, late one of the circuit judges. The action was brought for the escape from prison of J. G. Lasher, junior, a defendant in execution, at the suit of the plaintiffs. He was committed to prison on the 28th of June, 1826. On the part of the defendant it was shewn that on the same day that Lasher was committed to prison, he had been arrested on a warrant issued from a justice’s court, at the suit of R. C. Massoneau and H. Teats, and brought before the justice, where he joined issue with the plaintiffs in…
1Opinion of the Court
By the Court,
Sutherland, J.
No complaint is made of the manner in which the defendant executed the writ of habeas corpus. Lasher' was carried before the justice, and returned to prison with all convenient despatch. The only question is whether it was a case in which a writ of habeas corpus could properly be issued. If it was, the officer who allowed the writ had jurisdiction, and the sheriff was bound to obey it, and will be protected.
The case discloses, that the suit against Lasher, before the justice, had been commenced by warrant, and that he had obtained an adjournment, under the 5th…
2Cited by5 opinions
- Wilckens v. WilletNew York Court of Appeals · 1864
- Lowman v. BillingtonNew York Supreme Court · 1909
- Wilckens v. WilletNew York Court of Appeals · 1864
- In re LampertNew York Supreme Court · 1880
- Otto v. Franklin's, Inc.Appellate Terms of the Supreme Court of New York · 1915