Partridge v. Westervelt
New York Supreme Court
Error from the superior court of the city of New York. Partridge and Colgate sued Westervelt, sheriff of New York, inan action of debt for the escape of one Kinmel, who had been arrested on a ca. sa. by James Shaio, Esq., late sheriff of New York, and on his arrest, had given a bond for the liberties.
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Error from the superior court of the city of New York. Partridge and Colgate sued Westervelt, sheriff of New York, inan action of debt for the escape of one Kinmel, who had been arrested on a ca. sa. by James Shaio, Esq., late sheriff of New York, and on his arrest, had given a bond for the liberties. The declaration set forth the judgment against Kinmel, the issuing of the ca. sa. and his arrest upon it by Shaio, the late sheriff, on the 4th December, 1830 ; and that upon such arrest he was detained, in the jail of the cityandcounty of NewYorlc, until the first day of January,1832,the time…
1Opinion of the Court
By the Court,
Savage, Ch J.
It would seem to be unnecessary to enter into an argument, or produce an authority to show that the court below are right; but as respectable counsel has argued the case with apparent confidence, it may be proper to show what the law always was on this point, and that it has undergone no change.
The defendant is sued for an escape. The very term escape presupposes that the person escaping has been within the custody and under the control of the officer. The debtor is placed in jail as a means of compelling payment of his debt to the plaintiffs. The officer must have…
2Cited by4 opinions
- Hinds v. DoubledayNew York Supreme Court · 1839
- Feerick v. ConnerNew York Court of Common Pleas · 1881
- French v. WilletThe Superior Court of New York City · 1863
- Nealley v. GreenoughSuperior Court of New Hampshire · 1852