Walker v. Harder

Kellogg, J. M., J.

One Hendrick, who was held within the liberties of the defendant’s jail, upon a body execution by the defendant sheriff, filed a petition in bankruptcy, and thereafter, in due proceedings had, obtained his discharge in bankruptcy, and thereupon, without the consent of the plaintiff or the defendant, went beyond the said liberties and has not returned, and this action is brought against the sheriff as for an escape*. While the defendant did not discharge the imprisoned debtor, nevertheless if the debtor was entitled to his discharge that is a complete defense to the…