Stone v. Woods
New York Supreme Court
THIS cause came before the court, on a writ of error from the court of common pleas of Washington county The plaintiff brought an action on the case for an escape. 1 ° . in the court below.
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THIS cause came before the court, on a writ of error from the court of common pleas of Washington county The plaintiff brought an action on the case for an escape. 1 ° . in the court below. The declaration set forth, that one . . _ ’ . Uriel Clary, was indebted to him, &c. and that a captas , 7 . , . ad respondendum^ in December, 1806, was issued against the said Clary, &c. directed to the defendant, commanding him to take the said Clary, so that he might have his body, before the judges and assistant justices of the court of common pleas, of Washington county, on the first Tues-Stay of…
1Opinion of the CourtVan Ness, J.
If the sheriff has the body of the defendant, after an arrest upon mesne process, at the return day of the writ, it is said to be sufficient. But if the defendant escape at any time thereafter, the sheriff is liable to an action. I do not discover that there is any distinction whether the escape be voluntary or negligent; neither do I conceive that any such distinction can exist, for the sheriff is equally liable in the one case as in the other. (1 Saund. 35. n. 1. 2 Wils. 294.)
The case of Plank v. Anderson and another, (5 Term Rep. 37.) relied on by the defendant’s counsel, is essen-. tially…
2Cited by5 opinions
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