Richmond v. Tallmadge
New York Supreme Court
THIS was an action of debt, brought by the defendants in error, in the Court below, against the plaintiff in error, as * By an act passed April 10th, 1818, 41 sess. ch. 139. this Court, on. account of the unusual number of cases pending, was authorized to hold a special term or session at Albany, on the first Tuesday of September, 1818. This, and most of the following cases, were then argued, but the judgments of the Court were not pronounced until the following sessheriff…
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THIS was an action of debt, brought by the defendants in error, in the Court below, against the plaintiff in error, as * By an act passed April 10th, 1818, 41 sess. ch. 139. this Court, on. account of the unusual number of cases pending, was authorized to hold a special term or session at Albany, on the first Tuesday of September, 1818. This, and most of the following cases, were then argued, but the judgments of the Court were not pronounced until the following sessheriff of the county of Cayuga, for the escape of one Ed? ward Brockway, a prisoner who had been in execution at the su^ °f the…
1Opinion of the Court
The Chancellor.
The only question in this case is, whether the plea by Richmond, the sheriff, of a voluntary return of the prisoner within the gaol liberties, before suit brought, was a good defence to the action.
The plea was the general issue, accompanied with notice *312of that special matter, and the objection is, that the plea was unaccompanied with an affidavit required by the statute. The language of the statute is, that “ no special plea of retaking on fresh pursuit, or plea of the general issue with notice of such special matter, shall be received or allowed, unless oath be made in writing…
2Cited by8 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Sabariego v. MaverickSupreme Court of the United States · 1888
- Payne v. DavisMontana Supreme Court · 1876
- Bradshaw v. AshleyCourt of Appeals for the D.C. Circuit · 1899
- State v. AllenSupreme Judicial Court of Maine · 1898
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