Wattles v. Marsh
New York Supreme Court
Debt against the defendant, for the escape of one Frederick Lasher, from the jail limits of Onondaga county, where he was confined on a ca. sa. at the suit of the plaintiffs ; ^ied July 11th. 1823, at the Onondaga Circuit, before Ro-CHESTER, C. Judge.
Read the full summary
Debt against the defendant, for the escape of one Frederick Lasher, from the jail limits of Onondaga county, where he was confined on a ca. sa. at the suit of the plaintiffs ; ^ied July 11th. 1823, at the Onondaga Circuit, before Ro-CHESTER, C. Judge. The alleged escape, was the defendant’s deputy taking Lasher from the limits, and having him before the first Judge of Onondaga, on the 17th day of December, 1822, tes^fy concerning his own application for a discharge under the act to abolish imprisonment for debt in certain CÉZS6S. To justify this, the defendant’s counsel offered in evi dence a…
1Opinion of the Court
Curia, per Sutherland, J.
There was nothing upon the face of the writ, showing it to be void, or to have been issued without competent authority. The omission in the writ, of the words to testify, was not material. It still appeared to be a habeas corpus ad testificandum. It directed the sheriff to bring the prisoner before the officer, to answer unto those things that might be there required of him, pursuant to the act entitled an act to abolish imprisonment for debt in certain cases. Under that act, he would be required to answer only as a witness. It was substantially good ; and was in the…
2Cases cited3 opinions
- Bigelow v. StearnsNew York Supreme Court · 1821
- Suydam v. KeysNew York Supreme Court · 1816
- Hassam v. GriffinNew York Supreme Court · 1820
3Cited by3 opinions
- Sanders v. SimmonsSupreme Court of Arkansas · 1875
- Wilckens v. WilletNew York Court of Appeals · 1864
- Otto v. Franklin's, Inc.Appellate Terms of the Supreme Court of New York · 1915