Ames v. Webbers
New York Supreme Court
Demurrer to plea. This is to an action of debt for the escape of one E. M. Blunt, arrested on an attachment from chancery for the non-payment of a bill of costs.
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Demurrer to plea. This is to an action of debt for the escape of one E. M. Blunt, arrested on an attachment from chancery for the non-payment of a bill of costs. The declaration set forth the suing out of the attachnjent and the delivery of it to the sheriff on the first day of February, 1830, the arrest of the defendant on the fifth day of February, and that the sheriff then and there, by virtue of the said writ, had and detained him in his custody in execution for the sum of money mentioned in the endorsement on the writ, until the tenth day of February, when he suffered and permitted him…
1Opinion of the Court
By the Court, Nelson, J.
It is objected that the action of debt will not lie against the sheriff in this case, on the ground that the declaration does not shew that the defendant, against whom the attachment issued, was committed to any jail, 2 R. S. 437, § 63, when thé escape was permitted. In the declaration it is stated that the defendant arrested Blunt, and had and detained him in his custody until he permitted him to escape and go at large. This is a sufficient averment within the meaning of the statute, for in judgment of law the prisoner is committed to jail when in the custody of the…
2Cited by13 opinions
- Smith v. McGowanNew York Supreme Court · 1848
- Bacon v. . CropseyNew York Court of Appeals · 1852
- Hutchinson v. . BrandNew York Court of Appeals · 1853
- Webbers' Executors v. BluntNew York Supreme Court · 1838
- Hutchinson v. BrandNew York Supreme Court · 1850
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