Legal Opinion
Carpenter v. Willett
New York Court of Appeals
Decided December 15, 1864PublishedCited by 7 opinions
Appeal from the judgment of the superior court of the city of New York.
1Opinion of the CourtWright, J.
If the process by virtue of which Doughty was arrested and. imprisoned was void, an action for his escape could not be supported. That the process is void is a defence to the sheriff, upon the principle that having no right to detain the defendant, the creditor has lost nothing by the escape. (Phelps agt. Barton, 13 Wend. R. 68 ; Horton agt. Hendershot, 1 Hill, 118 ; Abner agt. Ward, 8 Mass. R. 19 ; Constant agt. Chapman, 2 Queen's Bench R. 771.)
The question therefore is, was the execution by which Doughty was taken issued with or without authority ? If unauthorized, then the plaintiff cannot…
2Cases cited3 opinions
- Sibley v. HowardNew York Supreme Court · 1846
- Bracket v. EastmanNew York Supreme Court · 1837
- Nourse v. MerriamMassachusetts Supreme Judicial Court · 1851
3Cited by7 opinions
- Friedberger v. StulpnagelAppellate Terms of the Supreme Court of New York · 1908
- People ex rel. v. FitzpatrickNew York Supreme Court · 1901
- People v. CallahanNew York Court of Common Pleas · 1878
- Porter v. CreganAppellate Terms of the Supreme Court of New York · 1899
- Josuez v. ConnerNew York Court of Common Pleas · 1878
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