Arteaga v. Conner
The Superior Court of New York City
Appeal from judgment entered upon the verdict of jury, in favor of defendants, as directed by the court. The action was for damages for false imprisonment. In an action of Leitch against the present plaintiff, an order of arrest was made, and under it the present defendant, through his deputy, arrested the present-plaintiff. The plaintiff, giving bail, was discharged by the sheriff.
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Appeal from judgment entered upon the verdict of jury, in favor of defendants, as directed by the court. The action was for damages for false imprisonment. In an action of Leitch against the present plaintiff, an order of arrest was made, and under it the present defendant, through his deputy, arrested the present-plaintiff. The plaintiff, giving bail, was discharged by the sheriff. The justification of the sureties was adjourned from time to time, by the consent of the attorneys of the-parties in that action, until the attorneys for the then plaintiff consented, in writing, that the then…
1Opinion of the Court
By the Court.—Sedgwick,
No authorities are cited that decide the question on this appeal, and it must be decided upon general principles. The plaintiff in this case, having, after his arrest in the action of Leitch against him, given bail, was entitled (Code Pro. § 187), to his discharge from custody, and the sheriff did discharge him. This discharge was a matter of right, which a prisoner is entitled to enjoy, at any time before execution. There seems to be no reason to think that it may not be exercised repeatedly in the same action, as often as he may, by surrender, or for other reason, be…
2Cases cited1 opinion
- Overill v. DurkeeThe Superior Court of New York City · 1856