Pinckney v. Hagerman
New York Supreme Court
This was an appeal by the plaintiff from a judgment against him, rendered after trial by the court. The facts are stated in the opinion.
1Opinion of the Court
By the Court
Parker, J.
This action is brought against the defendant, sheriff of Montgomery county, for the escape of one Wagner, who was confined within the jail' limits of the county, by virtue of an execution against his body, issued upon a judgment of this court, in plaintiff’s favor, against *375him, rendered in an action for breach of promise of marriage.
The defence is, an order of this court, made at Special Term, setting aside the execution- on which Wagner was imprisoned, and discharging him from the custody of the sheriff.
The action was tried at the Montgomery Circuit, by the court, trial…
2Cited by4 opinions
- Goldreyer v. FoleyAppellate Division of the Supreme Court of the State of New York · 1913
- Perry v. KentNew York Supreme Court · 1895
- Szirtes v. BlyAppellate Division of the Supreme Court of the State of New York · 1918
- Hennessy v. SweeneyCity of New York Municipal Court · 1898