Currie v. Henry
New York Supreme Court
This was an action of debt, against the defendant, as sheriff.of the county of Rensselaer for an escape. The declaration contained two counts ; the first count stated a judgment obtained by. the plaintiffs against one Peter Haff, for 996 dollars 72 cents, and that a test ca. sa. thereon was issued, and directed to the sheriff of the „ _ , county of Rensselaer, returnable the first day of November term, 1804, which was delivered to the defendant on the 7th September, 1804,…
Read the full summary
This was an action of debt, against the defendant, as sheriff.of the county of Rensselaer for an escape. The declaration contained two counts ; the first count stated a judgment obtained by. the plaintiffs against one Peter Haff, for 996 dollars 72 cents, and that a test ca. sa. thereon was issued, and directed to the sheriff of the „ _ , county of Rensselaer, returnable the first day of November term, 1804, which was delivered to the defendant on the 7th September, 1804, tobe executed, Sec. that the defendant, on the same day, and before the return, &c. took and arrested the said Haff, and…
1Opinion of the CourtSpencer, J.
The plaintiffs having charged two escapes, probably on the very same execution, it became necessary to plead to them *436several pleas. The second and fourth pleas are, no doubt, good. It has been contended, 1st. That the pleasure multifarious and double, .without specifying wherein. It would be a good answer to say, if these pleas were'double, yet as the duplicity has not been specially shown, they stand as on a general demurrer, and will be aided.|| But these two pleas are, in truth, free from duplicity; the defendant could not have pleaded the involuntary escape, and. return, before action…
2Cited by11 opinions
- Packard v. HillNew York Supreme Court · 1827
- M'Clure v. ErwinNew York Supreme Court · 1824
- Lee v. DozierMississippi Supreme Court · 1866
- Onion v. ClarkSupreme Court of Vermont · 1846
- Jackson v. RundletU.S. Circuit Court for the District of New Hampshire · 1846
6 more not listed; retrieve them via the Exa API.