President of the Ontario Bank v. Hallett
New York Supreme Court
Debt for the escape of one Grose, from the defendant’s custody under a ca. sa. against Grose and Hillakie' jointly, issue(l on a judgment of the supreme court, in favor of the _ , . “Ine cause was tried at the Herkimer circuit, m March, 1827, before Williams, 0. Judge; when the plaintiff made out the commitment of both defendants, and escape of Grose from custody under the ca. sa. which issued more than two years after the recovery of the judgment.
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Debt for the escape of one Grose, from the defendant’s custody under a ca. sa. against Grose and Hillakie' jointly, issue(l on a judgment of the supreme court, in favor of the _ , . “Ine cause was tried at the Herkimer circuit, m March, 1827, before Williams, 0. Judge; when the plaintiff made out the commitment of both defendants, and escape of Grose from custody under the ca. sa. which issued more than two years after the recovery of the judgment. The defendant objected this; but the objection was overruled. The defendant then proved that one Sharp confessed a judgment in favor of the…
1Opinion of the Court
Curia, per Woodworth, J.
It is well settled, that in an action for an escape, the sheriff cannot object the irregularity of the ca. sa. 13 John. 529; 15 John. 378.
As to the levy, it is apparent, in the first place, that none was made or intended to be made; and if there had been a levy, the under sheriff was so well satisfied of an adverse claim, that he demanded an indemnity. Whatever may have been the state of the title, it can never be permitted to a defendant who denies that he is the owner of property levied on, to take the benefit of the rule which considers the levy on sufficient…
2Cases cited1 opinion
- Hinman v. BreesNew York Supreme Court · 1816
3Cited by13 opinions
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1855
- Reed & Co. v. CrosthwaitSupreme Court of Iowa · 1858
- Hutchinson v. BrandNew York Supreme Court · 1850
- Blivin v. BleakleyNew York Supreme Court · 1862
- Griswold v. HillU.S. Circuit Court for New York · 1825
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