Legal Opinion

Stewart v. Kip

New York Supreme Court

Decided February 15, 1810PublishedCited by 14 opinions

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

  1. Peyton v. HallettNew York Supreme Court · 1803

3Cited by14 opinions

  1. Adams v. Board of Trustees of Internal Improvement FundSupreme Court of Florida · 1896
  2. Babbott v. ThomasNew York Supreme Court · 1859
  3. Sawyer v. TappanSuperior Court of New Hampshire · 1843
  4. Berry v. HamiltonCourt of Appeals of Kentucky · 1849
  5. State v. BlennerhassettMississippi Supreme Court · 1818

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