Kellogg v. Gilbert
New York Supreme Court
THIS was an action of debt brought against the defendant, ag sheriff of the county of Otsego, for tire escape of one Stephen Clark, in execution. The cause was tried at the Otsego circuit, ^eP^) 1812, before Mr. Justice Thompson.
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THIS was an action of debt brought against the defendant, ag sheriff of the county of Otsego, for tire escape of one Stephen Clark, in execution. The cause was tried at the Otsego circuit, ^eP^) 1812, before Mr. Justice Thompson. The plaintiff gave in evidence a regular judgment and ji. fa. and a subsequent ca. sa. which was delivered to the defendant’s deputy, who arrested Clark thereon, who afterwards escaped and was seen at large, ® The defendant offered to prove that the attorney on record f°r the plaintiff, in the suit against Clark, delivered the ca. sa. to deputy sheriff, and went with…
1Opinion of the Court
Kent, Ch. J.
delivered the' opinion of the court. In the case Jackson v. Bartlett, (8 Johns. Rep. 361.) the court declared that the attorney on record for the plaintiff could not, by virtue of Ms general character, as attorney, discharge a defendant from custody on execution, without satisfaction. There is no case to be found in which it has been adjudged that he had that power; though in Payne v. Chute, (1 Roll. Rep. 365.) the clerks said that it was the usual course for the attorneys of plaintiffs to acknow *223letige ~atisfadflon although they receive nothing. What ~as meant by that expression…
2Cited by25 opinions
- Gorham v. GaleNew York Supreme Court · 1827
- Knowlton v. MackenzieCalifornia Supreme Court · 1895
- Foster v. WileyMichigan Supreme Court · 1873
- Hahn v. LokerMassachusetts Supreme Judicial Court · 1918
- Jenney v. DelesdernierSupreme Judicial Court of Maine · 1841
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