Richmond v. Praim
New York Supreme Court
Appeal from a judgment in favor of tbe defendant, entered on a trial by the court without a jury. The action was brought for an escape from the jail limits of Fulton county of one Henry D. Helterline, who was imprisoned on an execution issued on a judgment recovered by this plaintiff, for the conversion of personal property.
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Appeal from a judgment in favor of tbe defendant, entered on a trial by the court without a jury. The action was brought for an escape from the jail limits of Fulton county of one Henry D. Helterline, who was imprisoned on an execution issued on a judgment recovered by this plaintiff, for the conversion of personal property. The sheriff justified for the alleged escape, under an order of the Fulton County Court, made the 5th day of April, 1880, by which order the court directed the discharge of Helterline from imprisonment.
1Opinion of the Court
Learned, P. J.:
Under the decision in Bullymore v. Cooper (46 N. Y., 236), the order of discharge was insufficient in its recitals to protect the defendant. It is, therefore, necessary to recur to the proceedings on which the order was based, to see whether the papers presented to the County Court were sufficient to give the court jurisdiction. (See case cited, at p. 246.)
*579The first point made by plaintiff is that the schedules are not “ just and fair ” which were presented to the court with his petition, in that, at the time of his arrest, he owned a watch and had a contract, and that he had…
2Cases cited3 opinions
- Bullymore v. . CooperNew York Court of Appeals · 1871
- Hale v. . SweetNew York Court of Appeals · 1869
- Bullymore v. CooperNew York Supreme Court · 1869