Stewart v. Kip
New York Supreme Court
THIS was an action of debt against the defendant, as sheriff of the county of Oneida, for the escape of . Abel Brigham, in his custody, on a ca. sa. at the suit of the plaintiff.
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THIS was an action of debt against the defendant, as sheriff of the county of Oneida, for the escape of . Abel Brigham, in his custody, on a ca. sa. at the suit of the plaintiff. The pleadings and facts in this case, were the same as in the case of Bissel v. Kip, decided at the ^ast term> (ante, p. 89.) except that there was no var^ance between the judgment and execution, At the trial, John B. Pease, one of the deputies of , , - . . r the defendant, and gaoler, was ottered as a witness tor the defendant. On being objected to by the plaintiff, he was rejected by the judge. A verdict was found…
1Opinion of the CourtSpencer, J.
The question submitted in this case, is whether, in an action against the sheriff, for the escape of a prisoner in execution, who had given a bond for the liberties, the deputy-sheriff and gaoler who had taken the bond, is a competent witness.
In considering this case, we must intend that the witness was a material one. The object for which he was introduced, is not stated in the case, nor was the defendant required to state it; the witness was offered, objected to, and declared incompetent. The plaintiff’s counsel *257has submitted several authorities,* which are supposed to warrant the rejection…
2Cases cited1 opinion
- Peyton v. HallettNew York Supreme Court · 1803
3Cited by14 opinions
- Adams v. Board of Trustees of Internal Improvement FundSupreme Court of Florida · 1896
- Babbott v. ThomasNew York Supreme Court · 1859
- Sawyer v. TappanSuperior Court of New Hampshire · 1843
- Berry v. HamiltonCourt of Appeals of Kentucky · 1849
- State v. BlennerhassettMississippi Supreme Court · 1818
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