Van Vechten v. Paddock
New York Supreme Court
THIS was an action of debt, for the escape of Isaac Rath bun, from the gaol liberties of the county of Jefferson, of Which the defendant was sheriff.
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THIS was an action of debt, for the escape of Isaac Rath bun, from the gaol liberties of the county of Jefferson, of Which the defendant was sheriff. The declaration was in the usual f°rm* The defendant pleaded nil debet, and subjoined to his P^ea’ a n°tice, that he should give in evidence, at the trial, in bar of the action, a voluntary return of the prisoner within the liberties* and custody of the sheriff, before the suit was brought, which notice was verified by an affidavit of the truth of the facts stated in it. It appeared that Rathbun escaped and went beyond the liberties on Sunday,…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. The only question in this case is, whether this suit was duly and legally commenced, so as to preclude the sheriff from pleading a voluntary return. The statute (2 N. R. L. 194.) prohibiting the service of process on Sunday, does not, literally, extend to this case. Nor was it necessary that it should, for according to my understanding of the law on the subject, no process can be legally issued on Sunday, The same principles of policy, as well as of religion and morality, would interdict the issuing as well as the service of process on…
2Cited by24 opinions
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- People Ex Rel. Meyer v. WardenNew York Court of Appeals · 1936
- Ex parte TiceOregon Supreme Court · 1897
- People v. DeweyNew York Supreme Court · 1898
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1857
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