Bijur v. Jacoby

The plaintiffs, by the allegations of their complaint, have sought to state a cause of action against the defendant-appellant, the Sheriff of Kings county. A Sheriff who suffers a person, committed to jail for contempt of court, to go at large, “ until he is discharged by due course of law,” is hable to “ the party aggrieved ” for his damages sustained thereby. “ If the commitment was for the non-payment of a sum of money, the amount thereof, with interest, is the measure of damages.” (Correction Law [Cons. Laws, ch. 43], § 514.) Admittedly, the plaintiffs have stated a cause of action, and…