Rawson v. Dole
New York Supreme Court
This was an action of debt for an escape, and the only questison was, whether interest is recoverable as damages, in an action of debit, for the escape of one in custody on a ca. sa.
1Opinion of the CourtSpencer, J.
The common law remedy to proceed against a sheriff for an escape, by action on the case, has been holden not to be taken away by the statute, enabling the party, in whose favour an execution issues, against the body of his debtor, upon his escape to maintain an action for the debt and damages for which he was committed.
If an action on the case had been brought, it might have been inquired, what was lost by the escape, and the jury might have given such damages as they supposed the party had sustained; but in the action of debt, every inquiry of that kind is improper, for the statute has fixed…
2Cited by9 opinions
- Littlefield v. BrownNew York Supreme Court · 1828
- Dininny v. FayNew York Supreme Court · 1862
- Currie v. . WorthySupreme Court of North Carolina · 1856
- Barnes v. WillettNew York Supreme Court · 1860
- Blanding v. RogersSupreme Court of South Carolina · 1810
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