Ballou v. Kip
New York Supreme Court
THIS was an action of debt, brought against the defendant, as sheriff of Oneida county, for the escape of Oliver Babcock, a prisoner in his custody on an execution in favour of the plaintiff.
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THIS was an action of debt, brought against the defendant, as sheriff of Oneida county, for the escape of Oliver Babcock, a prisoner in his custody on an execution in favour of the plaintiff. The cause was tried at the Oneida circuit, the 11th June, 1810, before Mr. Justice ’ J J Spencer. . . At the trial, the plaintiff proved a judgment against Babcock for 3,000 dollars of debt, and 72 dollars and 56 cents, damages and costs; and that a ca. sa. was issued thereon, and a return of Babcock in custody. This action was commenced in May, 1809. Babcock, after be- • ° ing in custody, was seen out…
1Per curiam
The escape charged in this case was by . going into the office of Reuben Leavenworth, and into the house of Lewis Berry. The proof was, that those *177places were within the reputed liberties, and were so understood, not only by all the prisoners, but by all other persons acquainted with the liberties, until after the alleged escape. It was further shown, that there must have been a mistake in the courses and distances contained in the field-book upon record, upon which the liberties were established, for they would not unite so as to include the gaol. There was also a map annexed to the…
2Cited by2 opinions
- Middle District Bank v. DeyoNew York Supreme Court · 1827
- Butler v. WashburnSuperior Court of New Hampshire · 1852