Hutchinson v. Brand

Action against a sheriff for the escape of a prisoner from his custody after an arrest on execution against the person. The defendant had voluntarily discharged the prisoner, on the ground that the execution was defective and void. It recited the judgment, as prescribed in sec. 289 of the Code, and the command to the sheriff corresponded with the terms of subdivision 3 of that section, except that in the following clause the words included in brackets were erased, viz.: “And commit him to the jail of said county of Madison, until he shall pay the said judgment [or be discharged], according to…