Day v. Brett
New York Supreme Court
THIS was an action of debt, against the defendant,- • as coroner, for the escape of Clark Lazvrence, late sheriff of Delaware. A verdict was taken for the plaintiff, subject to the opinion of the court.
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THIS was an action of debt, against the defendant,- • as coroner, for the escape of Clark Lazvrence, late sheriff of Delaware. A verdict was taken for the plaintiff, subject to the opinion of the court. The plaintiff set forth in his declaration a judgment obtained in this court, in February term,. 1808, for M6 dollars, against Lawrence, then sheriff of Delaware comity, upon which a ca. sa. was issued, returnable at August term, 1808, which was delivered to the defend-, ant, as coroner. At the trial, the plaintiff proved the judgment and' ca, sa. and that the defendant confessed, that,, on…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The sheriff is not privileged from arrest and imprisonment for debt. There is no such exemption of him known in our law. It is the constant practice to arrest him on mesne process, and to make him responsible for his official conduct, by attachment. The English books, and our own proceedings, furnish many instances of this kind. There are not, indeed, many cases in which ail execution has been issued against a sheriff’s body, for debt, though the case of Taylor v. Clark and Denny, (3 Leon. 399.) is sufficient to show what the law is on the…
2Cited by7 opinions
- Frink v. RoeCalifornia Supreme Court · 1886
- Steere v. FieldU.S. Circuit Court for the District of Rhode Island · 1822
- Brazill v. GreenMassachusetts Supreme Judicial Court · 1922
- Jackson ex dem. Williams v. MillerNew York Supreme Court · 1827
- Skinner v. WhiteSuperior Court of New Hampshire · 1838
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