Servis v. Marsh
U.S. Circuit Court for the Northern District of Illnois
At Law. Case submitted on agreed statement. This case was submitted for trial before the court upon the following stipulation of facts: Eor the purpose of obviating the delay and trouble of bringing witnesses into court, it is hereby mutually stipulated and agreed by and between the parties to this suit, through their respective attorneys, that the following statement of facts is to be taken and considered by the court as agreed upon for the determination of this case: (1)…
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At Law. Case submitted on agreed statement. This case was submitted for trial before the court upon the following stipulation of facts: Eor the purpose of obviating the delay and trouble of bringing witnesses into court, it is hereby mutually stipulated and agreed by and between the parties to this suit, through their respective attorneys, that the following statement of facts is to be taken and considered by the court as agreed upon for the determination of this case: (1) That on April 15, A. D. 1884, in the circuit court of the United States for the northern district of Illinois, the…
1Opinion of the Court
Bunn,'J.
The agreed facts bring this case squarely within the rule of the common law that if a defendant, when taken in execution, is seen at large for ever so short a time, it is an escape which will make the sheriff liable to the plaintiff for the amount of the debt. It is the duty of the sheriff or marshal to obey the writ, and the writ commands him to take the defendant, and him safely keep, so that he may have him ready to satisfy the plaintiff. This is the rule in case of a voluntary or willful escape from arrest on final process. In arrest upon mesne process the- rule is different; and,…
2Cases cited4 opinions
- Seymour v. HarveySupreme Court of Connecticut · 1830
- Bowen v. HuntingtonSupreme Court of Connecticut · 1820
- Clapp v. HaywardMassachusetts Supreme Judicial Court · 1818
- Powers v. WilsonNew York Supreme Court · 1827
3Cited by4 opinions
- United States v. HoffmanDistrict Court, N.D. Illinois · 1925
- Ex parte ShoresDistrict Court, N.D. Iowa · 1912
- Smith Sturgeon & Co. v. GrosslightMichigan Supreme Court · 1900
- Optner v. BolgerCourt of Appeals for the Sixth Circuit · 1938