Steere v. Field
U.S. Circuit Court for the District of Rhode Island
Debt against the defendant, the late sheriff of Providence county, in the state of Rhode Island, for an asserted escape of one Joseph Witmarth. who was committed to the gaol of that county, upon an execution in favor of the plaintiff, while the defendant was sheriff, and of course while he had the care and eustodj-of that gaol in virtue of his office.
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Debt against the defendant, the late sheriff of Providence county, in the state of Rhode Island, for an asserted escape of one Joseph Witmarth. who was committed to the gaol of that county, upon an execution in favor of the plaintiff, while the defendant was sheriff, and of course while he had the care and eustodj-of that gaol in virtue of his office. The cause was tried at the last November term, on the general issue, nil debet, and a verdict was then found for the plaintiff, subject to two questions of law; (1) Whether an action of debt was a proper remedy in this case. (2) Whether upon the…
1Opinion of the Court
STORY, Circuit Justice.
This cause has been argued with great ability and learning; and I have received much light and instruction from the elaborate discussion, which it has undergone. I have considered the question with as much deliberation and care as I have been able; and it now remains for me to pronounce that judgment, which on the best reflection I have been able to form.
The first question is, whether an action of debt lies in Rhode Island for the escape of an execution debtor. That debt lies in England in such a ease, at least, since the statute of Westm. II. e. 11 (13 Edw. I.), and…
2Cases cited11 opinions
- Clap v. CofranMassachusetts Supreme Judicial Court · 1810
- Commonwealth v. KnowltonMassachusetts Supreme Judicial Court · 1807
- Bartlett v. WillisMassachusetts Supreme Judicial Court · 1807
- Colby v. SampsonMassachusetts Supreme Judicial Court · 1809
- M'Lellan v. DaltonMassachusetts Supreme Judicial Court · 1813
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3Cited by6 opinions
- Farris v. StateCourt of Appeals of Maryland · 1998
- Baumgartner v. StateCourt of Special Appeals of Maryland · 1974
- Nall v. StateSupreme Court of Alabama · 1859
- Gwinn v. HubbardIndiana Supreme Court · 1832
- Plumleigh v. CookIllinois Supreme Court · 1852
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