Hempstead v. Weed
New York Supreme Court
IN ERROR, to the Mayor’s Court of the city of Albany, The defendants brought an action of debt against the plaintiff in error in the Court below, for the escape of William Brown, while in his custody, as sheriff, on a ca. sa. . JLlie declaration was m the usual form. The defendant pleaded nil debet, with leave of the plaintiffs to give any special matter, which might have been pleaded, in evidence* at the trial.
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IN ERROR, to the Mayor’s Court of the city of Albany, The defendants brought an action of debt against the plaintiff in error in the Court below, for the escape of William Brown, while in his custody, as sheriff, on a ca. sa. . JLlie declaration was m the usual form. The defendant pleaded nil debet, with leave of the plaintiffs to give any special matter, which might have been pleaded, in evidence* at the trial. The record of the judgment against Brown, in the Court below, and the ca. sa., and his arrest thereon, were given in evidence; and it was proved that L. H. Gansevoort was appointed…
1Opinion of the Court
Spencer, Ch. J.,
delivered the opinion of the Court. It appears to me, that the Court below erred. The case of Westby v. Skinner and Catcher, (3 Co. Rep. 71. and Cro. Eliz. 365.) is the leading case upon this subject; and a correct understanding of that case, will show that there was no escape here. The bill of exceptions states, that the prisoner. Brown, had never left the limits; that he had kept the condition of his bond; and unless the omission, by the old sheriff, to assign him over to his successor, was, per se, an escape, there was no foundation for the action. In West-by’s case, the…
2Cited by3 opinions
- Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824
- Feerick v. ConnerNew York Court of Common Pleas · 1881
- French v. WilletThe Superior Court of New York City · 1863