Van Wormer v. Van Voast
New York Supreme Court
Error from Schenectady common pleas. Van Wormer sued Van Voast, sheriff of Schenectady, in a justice’s court, for the escape of one John Sitterly from the limits of the jail, he being in execution at the suit of Van Wormer on a justice’s judgment for about $16. The justice rendered judgment in favor of the plaintiff. The defendant sued out a certiorari to the Schenectady common pleas.
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Error from Schenectady common pleas. Van Wormer sued Van Voast, sheriff of Schenectady, in a justice’s court, for the escape of one John Sitterly from the limits of the jail, he being in execution at the suit of Van Wormer on a justice’s judgment for about $16. The justice rendered judgment in favor of the plaintiff. The defendant sued out a certiorari to the Schenectady common pleas. On the trial in that court, the following facts appeared : Sitterly was on the limits, at the suit of Van Wormer; on Sunday, the 2d May, 1830, he left the limits and went to the house of Van Wormer, to see…
1Opinion of the Court
By the Court,
Sutherland, J.
I think the evidence warranted the conclusion, that although the plaintiff may not originally have been instrumental in procuring the prisoner to leave the limits, yet that he held out inducements to him to remain at his house until Monday morning, with the fraudulent intent of fixing the sheriff for the escape. Volk, the witness, testified that on Sunday, the 2d of May, Sitterly, the prisoner, came to the witness's house to get him to go with him to the plaintiff’s, to see if the plaintiff would hire him to work; they accordingly went, but the plaintiff and…
2Cited by2 opinions
- Garrard v. . DollarSupreme Court of North Carolina · 1856
- Dexter & Veazie v. AdamsNew York Court of Appeals · 1848