Richardson v. Rittenhouse
Supreme Court of New Jersey
An action of debt is brought against the defendant, John P. Rittenhouse, late sheriff of the county of Hunterdon, for the voluntary escape of one John Lawyer, taken in execution on cci. sa. issued at the suit of the plaintiff’s testatrix, Esther T. Browning. John Ramsey, a special deputy of the sheriff, went to the. house of 'Lawyer, September 16th, 1874, with the ca. sa.; told him he had a warrant for him to take him to Fleming-ton; at whose suit the writ was issued.
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An action of debt is brought against the defendant, John P. Rittenhouse, late sheriff of the county of Hunterdon, for the voluntary escape of one John Lawyer, taken in execution on cci. sa. issued at the suit of the plaintiff’s testatrix, Esther T. Browning. John Ramsey, a special deputy of the sheriff, went to the. house of 'Lawyer, September 16th, 1874, with the ca. sa.; told him he had a warrant for him to take him to Fleming-ton; at whose suit the writ was issued. When he asked what was to be done, the deputy said you will have to give bail, or go to jail. Lawyer acquiesced, and undertook…
1Opinion of the Court
The opinion of the court was deliverd by
Scudder, J.
The declaration, in the usual form of debt for an escape on final process, charges that an arrest was made, and an escape permitted on September 16th, 1874.
The defendant pleaded—First, nil debet; second, that the judgment and execution, and the escape in the two counts mentioned, are the same, and that the defendant in execution, John Lawyer, on September 28th, 1874, when in custody, made out and delivered to the defendant (the sheriff) an inventory, and bond to the plaintiff in execution, in statutory form; that the defendant discharged…
2Cases cited9 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Gold v. BissellNew York Supreme Court · 1828
- Littlefield v. BrownNew York Supreme Court · 1828
- Thompson v. LockwoodNew York Supreme Court · 1818
- M'Elroy v. ManciusNew York Supreme Court · 1816
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3Cited by1 opinion
- Henderson v. DudleySupreme Court of Arkansas · 1978