Metcalf v. Stryker

By the Court, Emott, J.

The radical fault of the argument for the defendant in this case is, that it treats the action as if it were brought for an escape, or a negligent or willful breach of duty by the sheriff. There may be some color given to this view by some of the allegations in the complaint, but the liability does not rest upon such a foundation. His liability is that of bail to the action, which is cast upon him in circumstances like the present, by § 201 of the code of procedure.

It appeared upon the trial of this cause at the circuit, that the plaintiffs commenced an action in this…