Wickelhausen v. Willett
The Superior Court of New York City
Trial by the court. This was an action brought by the plaintiff against the sheriff for the escape of John D. Williamson, who had been arrested upon execution against his person, and was confined within the liberties of the jail, having given the usual bond to such sheriff. The action was tried before Mr. Justice Hoffman, a jury being waived, pursuant to the Code.
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Trial by the court. This was an action brought by the plaintiff against the sheriff for the escape of John D. Williamson, who had been arrested upon execution against his person, and was confined within the liberties of the jail, having given the usual bond to such sheriff. The action was tried before Mr. Justice Hoffman, a jury being waived, pursuant to the Code. The following state of facts was admitted for the purposes of the trial: I. That on the 18th day of February, 1857, the plaintiff in this action recovered a judgment in the Superior Court of the city of Hew York, against one John D.…
1Opinion of the CourtHoffman, J.
—The question is, whether the forcible arrest of Williamson, defendant in the action of the present plaintiff, by the sergeant-at-arms, and compelling him to go to the city of Washington, under the warrant of the Speaker, forms a defence to the sheriff, defendant in this action for an escape ? Williamson had been subpoenaed to give evidence before the House of Representatives, or a committee thereof, in a matter then under investigation, and within its jurisdiction. He did not appear in obedience to that summons. He was, in due form of law, adjudged guilty of contempt, and thereupon the…
2Cases cited4 opinions
- Anderson v. DunnSupreme Court of the United States · 1821
- Wilcox v. JacksonSupreme Court of the United States · 1839
- United States v. DicksonSupreme Court of the United States · 1841
- Hassam v. GriffinNew York Supreme Court · 1820
3Cited by1 opinion
- People, Ex Rel. McDonald v. . KeelerNew York Court of Appeals · 1885