Tracy v. Baker

Bocees, J.:

Appeal from the judgment of the St. Lawrence County Court dismissing the complaint.

This was an action for an escape, brought in the County Court of St. Lawrence county. The complaint alleged the official character of the defendant as constable; the recovery of a judgment in Justices’ Court in favor of the plaintiff against one King; the issuing of an execution thereon against the person of King; the delivery thereof to defendant; the arrest of King by defendant ; and the escape of King by permission of defendant without plaintiff’s consent.

The defendant in his answer admitted his…