Commissioners of Brown County v. Butt
Ohio Supreme Court
This was a writ of error to the judgment of the court of common pleas of Brown county, in an action on the case, brought by the defendant in error, against the plaintiff in error, and was adjourned, by the Supreme Court of Brown county, for decision at Columbus.
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This was a writ of error to the judgment of the court of common pleas of Brown county, in an action on the case, brought by the defendant in error, against the plaintiff in error, and was adjourned, by the Supreme Court of Brown county, for decision at Columbus. The case was this: Butt brought a special action on the case, against the commissioners, and charged that one Shaw brought an action against Parker, by capias, requiring bail, which was put into Butt’s hands, as sheriff, to be executed. That he arrested Parker, and took appearance bail. That in term time, the bail surrendered Parker,…
1Opinion of the Court
Opinion of the court, by
Judge Hitchcock:
The first and most important question presented to the court for decision in the present case is, whether a county can be made responsible for the escape of a prisoner, confined for debts where the escape happens in consequence of the. want of a jail, or where the jail furnished by the county commissioners is insufficient. It is necessary to dispose of this question in the first place, because if the county is not liable, the judgment of the court of common pleas was erroneous, and must be reversed.
The law has been long settled in England, the country…
2Cited by5 opinions
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