Legal Opinion

Feeter v. Whipple

New York Supreme Court

Decided October 15, 1811PublishedCited by 5 opinions

THIS was an action of trespass on the case, brought .against the defendant, as sheriff of the county of Madi- ° ' 'SOU, for an escape.

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THIS was an action of trespass on the case, brought .against the defendant, as sheriff of the county of Madi- ° ' 'SOU, for an escape. At the trial of the cause, before Mr. Justice Tates, at the Madison circuit, the 30th May, 1811, it was proved -that the defendant took one Hadcock, in July, 1809, on a ca. sa. at the suit of the plaintiff, for 60 dollars and 30 1 , eents damages, and 20 dollars costs ; and that the sherin left Hadcock at the house where he was taken, while he, the sheriff, went a short distance, and told Hadcock to wait until his return; that after waiting a short time,…

1Per curiam

The verdict is against the weight of evidence. But the action sounding in tort, and the sum. in controversy small, and the value of the prisoner’s property uncertain, and the evidence on that point contradictory, it is not a case for a new trial. The motion is, therefore, denied.

Motion- denied.

2Cited by5 opinions

  1. Woodbeck v. KellerNew York Supreme Court · 1826
  2. Wilckens v. WilletNew York Court of Appeals · 1864
  3. Ex parte BailyNew York Supreme Court · 1824
  4. Vaughn v. MontgomerySupreme Court of Missouri · 1839
  5. Moore v. Central RailroadSupreme Court of New Jersey · 1854

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