Williams v. Bacon
New York Supreme Court
The defendant, charged with having obtained goods by false pretences, was arrested as a fugitive from justice in the state of Massachusetts, by virtue of a precept of the governor of that state, upon the requisition of the governor of this state; he was brought into this state and delivered to the sheriff of Oneida county on the 5th April last. On the 17th of the same month he was tried and acquitted.
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The defendant, charged with having obtained goods by false pretences, was arrested as a fugitive from justice in the state of Massachusetts, by virtue of a precept of the governor of that state, upon the requisition of the governor of this state; he was brought into this state and delivered to the sheriff of Oneida county on the 5th April last. On the 17th of the same month he was tried and acquitted. While in the custody of the sheriff and previous to his trial, he was arrested on five writs of capias ad respondendum in actions founded upon contract, and was detained thereon after his…
1Opinion of the Court
By the Court,
Nelson, J.
It is well settled in England that a person in custody of the marshal or sheriff on a críminál charge, before or after conviction, is subject to a civil action, if leave of the court or of a judge in vacation is first granted. 1 Chitty’s Cr. L. 661. Foster’s Cr. L. 61, 2. Tidd’s Pr. 306. 2 Archb. Pr. 122. 2 New. R. 245. The defendant is not within the rule privileging suitors and witnesses from arrest whilst going to, attending at or returning from court; for if so, the rule allowing criminals in custody to be charged in civil actions in the usual way would not have…
2Cited by34 opinions
- In Re JohnsonSupreme Court of the United States · 1897
- Netograph Manufacturing Co. v. . ScrughamNew York Court of Appeals · 1910
- Ex parte LamarCourt of Appeals for the Second Circuit · 1921
- State ex rel. Brown v. StewartWisconsin Supreme Court · 1884
- Townsend v. SmithWisconsin Supreme Court · 1879
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