Clarke v. Little
Superior Court of New Hampshire
Indebitatus assumpsit, to recover one thousand dollars, money paid, laid out, and expended for defendants at their request. Plea : the general, issue. The following case was agreed on for the opinion of the Court. One Edward Hart recovered judgment and had execution-against the defendants. Little was arrested by plaintiff, a deputy sheriff, and escaped from his custody.
Read the full summary
Indebitatus assumpsit, to recover one thousand dollars, money paid, laid out, and expended for defendants at their request. Plea : the general, issue. The following case was agreed on for the opinion of the Court. One Edward Hart recovered judgment and had execution-against the defendants. Little was arrested by plaintiff, a deputy sheriff, and escaped from his custody. Hart sued the sheriff for plaintiff’s suffering the escape, and recovered judgment for the full amount of his debt, damages, and costs ; which judgment has been satisfied by Clarke, who was answerable to tbe sheriff. The…
1Opinion of the Court
But The Court
were of opinion that the action was maintainable in its present form against all the defendants; and that independent of the statute cited. Esp. 612.(a) At common law, if the sheriff voluntarily permits a prisoner to escape, and is in consequence obliged to pay the debt, he may maintain an action for money paid, laid out, and expended, against the defendant; for he is discharged as against the plaintiff in the action. Here it is held that the debtor is liable. Why ? Because he is discharged as against his creditor. Why does this action lie against all the defendants ? ■ Because…
2Cases cited1 opinion
- Heilig v. . LemleySupreme Court of North Carolina · 1876