Legal Opinion

Skinner v. White

Superior Court of New Hampshire

Decided July 15, 1838PublishedCited by 1 opinion

Debt, against the sheriff of the county of Coos, for an escape. The declaration contained two counts ; in the first of which the plaintiff set out the recovery of a judgment, by him, against one Samuel White, at May term, 1832—the issuing of an execution thereon, and the delivery of the same to one Benjamin Stephenson, a deputy sheriff under the defendant, to be executed—that Stephenson, on the 3d of November, 1832, arrested said Samuel White, and had him in custody in…

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Debt, against the sheriff of the county of Coos, for an escape. The declaration contained two counts ; in the first of which the plaintiff set out the recovery of a judgment, by him, against one Samuel White, at May term, 1832—the issuing of an execution thereon, and the delivery of the same to one Benjamin Stephenson, a deputy sheriff under the defendant, to be executed—that Stephenson, on the 3d of November, 1832, arrested said Samuel White, and had him in custody in execution, and committed him to the gaol in said county of Coos, and that the defendant, being sheriff of the county,…

1Opinion of the CourtParker, C. J.

The case finds that S. White, while he was deputy gaoler, was arrested by Stephenson, a deputy-sheriff—that Stephenson took possession of the keys, put *211White within the walls of the prison, and locked him in— that White thereupon delivered to Stephenson a bond, in due form according to the law then in force, to remain a true prisoner within tire limits, and was permitted by Stephenson to go at large.

By the statutes of this state, the sheriff is not only authorized and required to serve process, and do other acts as chief executive officer of the county, but he is made the keeper of the…

2Cases cited3 opinions

  1. Colby v. SampsonMassachusetts Supreme Judicial Court · 1809
  2. Day v. BrettNew York Supreme Court · 1810
  3. Steere v. FieldU.S. Circuit Court for the District of Rhode Island · 1822

3Cited by1 opinion

  1. Grafton Bank v. WhiteSuperior Court of New Hampshire · 1845

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