Drake v. Chester
Supreme Court of Connecticut
THIS was an action against the defendant, as sheriff of the county of Harford, for the escape of Solomon Carpenter from the liberties of the prison. There were two counts. The first alleged an escape on the 31st of January, 1817 ; the second, on the 3d <¡f February. The cause was tried at Hartford, February term, 1818, before Trumbull, Baldwin and Hnsmer, Js.
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THIS was an action against the defendant, as sheriff of the county of Harford, for the escape of Solomon Carpenter from the liberties of the prison. There were two counts. The first alleged an escape on the 31st of January, 1817 ; the second, on the 3d <¡f February. The cause was tried at Hartford, February term, 1818, before Trumbull, Baldwin and Hnsmer, Js. On (lie trial, the judgment and execution, the commitment of Carpenter, his giving bonds to the defendant to remain a faithfu) prisoner, and his being thereupon allowed the liberties of the prison, were admitted. It was proved, that on…
1Opinion of the Court
Swift, Ch. J.
When an imprisoned debtor departs from the liberties of the prison, it is a negligent escape in the sheriff. A recaption, on fresh pursuit, or a voluntary return by the debtor, before action brought, will excuse the sheriff; and he is not liable to an action for the escape. The sheriff, however, is not bound to receive the prisoner after such escape, but can, if he pleases, maintain an action against him on the bond to abide a faithful prisoner; for such departure from the liberties of the prison, is a breach of the condition of the bond..Whenever a man prevents an act from being…
2Cases cited3 opinions
- Freeman v. DavisMassachusetts Supreme Judicial Court · 1810
- Abel v. BennetConnecticut Superior Court · 1789
- Jones v. AbbeeConnecticut Superior Court · 1787
3Cited by4 opinions
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Huntington v. WilliamsSupreme Court of Connecticut · 1820
- Perez v. University of ConnecticutConnecticut Appellate Court · 2018
- Milanese v. SuretyNew York Supreme Court · 1933