Carpentier v. Willet
New York Court of Appeals
James S. Carpentier sued James C. Willet, sheriff, &c., in the New York superior court, for escape of one Doughty from imprisonment on an execution, by which he was arrested, and committed to the custody of defendant, as sheriff of New York. On September 15, 1857, plaintiff, as assignee of one Thomas France, brought a suit against Doughty in the third district court of the city of New York, for the conversion of certain promissory notes or their proceeds.
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James S. Carpentier sued James C. Willet, sheriff, &c., in the New York superior court, for escape of one Doughty from imprisonment on an execution, by which he was arrested, and committed to the custody of defendant, as sheriff of New York. On September 15, 1857, plaintiff, as assignee of one Thomas France, brought a suit against Doughty in the third district court of the city of New York, for the conversion of certain promissory notes or their proceeds. After successive adjournments, the cause was tried; and November 13,1857, the justice rendered judgment against Doughty for two hundred and…
1Opinion of the Court 1
By the Court.
Wright, J.
If the process by virtue of which Doughty was arrested and imprisoned was void, an action for his escape could not be supported. That the process is void is a defense to the sheriff, upon the principle that having no right to detain the defendant, the creditor has lost nothing by the escape. Phelps v. Barton, 13 Wend. 68; Horton v. Hendershot, 1 Hill, 118; Albee v. Ward, 8 Mass. 79; Contant v. Chapman, 2 Gale & D. 191; 2 Q. B. 771. The question, therefore, is, was the execution by which Doughty was taken issued with or without authority? If unauthorized he was not…
Also in this document: Opinion of the Court · Mullin.
2Cases cited2 opinions
- Sibley v. HowardNew York Supreme Court · 1846
- Phelps v. BartonNew York Supreme Court · 1834