Yates v. Van Rensselaer & Schemerhon
New York Supreme Court
RODMAN moved that the defendants in this cause be discharged from the ca. sa. on which they were .held in custody by the sheriff of Albany, The defendants were taken on the 13th day of March ^ast’ on a ca' sa' returnable on the first Monday of May. On giving security to the sheriff, according to the statute, 00 % J 0 ' they were permitted to go at large within the liberties of the gaol.
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RODMAN moved that the defendants in this cause be discharged from the ca. sa. on which they were .held in custody by the sheriff of Albany, The defendants were taken on the 13th day of March ^ast’ on a ca' sa' returnable on the first Monday of May. On giving security to the sheriff, according to the statute, 00 % J 0 ' they were permitted to go at large within the liberties of the gaol. On the 4th Mayy 1809, the plaintiff executed a writing, under his hand and seal, which he delivered to t*le sheriff, by which he consented and agreed that he would not prosecute the sheriff for an escape on…
1Per curiam
The agreement of the plaintiff amounts to a permission to the defendants to go at large beyond the gaol liberties. Though we may say, in .the language of Justice Grose, (2 East, 244.) that the attempt on the part of the defendants to get discharged from the debt, is scandalous ; yet the rule of law is settled, and we grant the motion, on condition that the defendants stipulate not to bring an action for false imprisonment against the plaintiff, in consequence of arresting the defendants on the ca. sa. mentioned in the notice. (Barnes, 205. 3 East, 243.)
Rule granted.
2Cited by12 opinions
- United States v. WatkinsU.S. Circuit Court for the District of District of Columbia · 1833
- Hosack's Executors v. RogersNew York Supreme Court · 1840
- Snevily v. ReadSupreme Court of Pennsylvania · 1840
- Savage v. SullyAppellate Division of the Supreme Court of the State of New York · 1915
- Bonesteel v. GarlinghouseNew York Supreme Court · 1871
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