Hassam v. Griffin
New York Supreme Court
THIS was an action of debt, for the escape of Benjamin Herrick, who was in the custody of the defendant, as sheriff °f Dutchess county, on a ca. sa. at the suit of the plaintiff. The cause was tried at the Dutchess circuit, on the 22d of -April, 1818, before Mr. Justice Van Ness.
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THIS was an action of debt, for the escape of Benjamin Herrick, who was in the custody of the defendant, as sheriff °f Dutchess county, on a ca. sa. at the suit of the plaintiff. The cause was tried at the Dutchess circuit, on the 22d of -April, 1818, before Mr. Justice Van Ness. The defendant pleaded, 1. Nil'debet; 2. That the es-cape was negligent, and that the defendant made fresh pur-suit and recaption before suit brought; 3. A voluntary re-turn of Herrick into custody before suit brought. To which pleas the plaintiff replied, taking issue. To the general is-suei a notice was subjoined,…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. There is no doubt that after the defendant is taken in execution, if he is seen at large, without the liberties of the gaol, for ever so short a time, as well before as after the return of the writ, it is an escape in the sheriff. The sheriff, however, may protect himself from the consequences by a fresh pursuit and recaption, or by the voluntary return of the prisoner before action brought. The writ of Habeas Corpus, in this case, justified the defendant for conveying Herrick to New York ; and it is very evident that there was no unnecessary…
2Cited by5 opinions
- People Ex Rel. Nugent v. Board of Police CommissionersNew York Court of Appeals · 1889
- Wattles v. MarshNew York Supreme Court · 1825
- Wickelhausen v. WillettThe Superior Court of New York City · 1860
- Otto v. Franklin's, Inc.Appellate Terms of the Supreme Court of New York · 1915
- Wickelhausen v. WillettThe Superior Court of New York City · 1861