Reynolds v. Corp
New York Supreme Court
THIS was an action of trespass, assault, and false imprisonment, brought against the defendants, under the following circumstances. The plaintiff, in a suit against him by Corp, in which-Douglas was the attorney, had, in exoneration of his bail, been surrendered to prison, from whence he was liberated by a regularly obtained supersedeas, for want of being charged in execution in due time.
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THIS was an action of trespass, assault, and false imprisonment, brought against the defendants, under the following circumstances. The plaintiff, in a suit against him by Corp, in which-Douglas was the attorney, had, in exoneration of his bail, been surrendered to prison, from whence he was liberated by a regularly obtained supersedeas, for want of being charged in execution in due time. After this, Douglas issued a ca. sa. upon the old judgment on which Reynolds had been in custody, took him in execution, and kept him in confinement, from the first of December to the twentieth of February…
1Opinion of the CourtKent, C. J.
There are several questions arising upon this case. 1. Whether trespass will lie at all, for suing out execution against a defendant who has been discharged, from custody by supersedeas, for want of being charged in execution l If it will, then whether the plaintiff can sue, so long as the award of the execution remains good, and has never been set aside for irregularity ?
1. The statute only says, that aprisoner who is not charged in execution within three months after judgment, may be discharged from custody by supersedeas. The privilege of the prisoner from subsequent imprisonment upon the…
2Cases cited1 opinion
- Masters v. EdwardsNew York Supreme Court · 1804
3Cited by22 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Jackson v. RobinsNew York Supreme Court · 1819
- Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
- Griswold v. SedgwickNew York Supreme Court · 1826
- Cable v. CooperNew York Supreme Court · 1818
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