Martin v. Bradley
New York Supreme Court
Debt against the administrators of the sheriff of Onondaga for an escape in the lifetime of their'intestate. 'General demurrer to the declaration.
1Per curiam
The law has been settled, both from the time of Dyer and Fitzherbert, as stated by the counsel for the defendant; judgment must, therefore, be in favor of the demurrer.
Judgment for the demurrant.(a)) S. P. 1 Roll. Abr. 921; Mason v. Dix, W. Jones, 173; S. C. Latch, 167. But an executor may bring case against a sheriff for a false return of a levy Williams v. Carey, 1 Salk. 12. Though the executors of a sheriff cannot maintain case against a gaoler for an escape of prisoners committed to his custody by their testator. Kain and others v. Ostrander, 8 Johns. Rep. 207. See also The People v.…
2Cases cited1 opinion
- People v. GibbsNew York Supreme Court · 1832
3Cited by4 opinions
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- People v. GibbsNew York Supreme Court · 1832
- Stanley v. VogelMissouri Court of Appeals · 1880
- Moies v. Sprague, AdministratorSupreme Court of Rhode Island · 1870