Kip v. Brigham
New York Supreme Court
. THIS was an action of debt, brought by the plaintiff, as sheriff of the county of Oneida, against the defendants, on a bond given by them to the plaintiff, dated the 22d of July, 1808, as security for the gaol liberties, grant-g the plaintiff to Abel Brigham, one of the defendantg who was a prisoner in gaol, on a ca. sa., at the suit 1 ° of John Steward, jun. for 521 dollars.
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. THIS was an action of debt, brought by the plaintiff, as sheriff of the county of Oneida, against the defendants, on a bond given by them to the plaintiff, dated the 22d of July, 1808, as security for the gaol liberties, grant-g the plaintiff to Abel Brigham, one of the defendantg who was a prisoner in gaol, on a ca. sa., at the suit 1 ° of John Steward, jun. for 521 dollars. The defendants pleaded non est factum, with notice of special matter- to be given in evidence at the trial. The cause was tried at the Oneida circuit, the 18th _ 3 June, 1810, before Mr. Justice Spencer. */ . - , - . 1…
1Opinion of the Court
Kent, Ch. J. delivered the opinion of the court.
This case is submitted, without argument, upon a motion to set aside the verdict.
The counsel for the defendants have stated the following points:
1. That the record of recovery against the plaintiff for the escape, even if judgment had been rendered and shown, was not evidence.
2. That the verdict was not evidence until consummated by a judgment.
3. That the costs of the suit against the plaintiff ought not to have been allowed as part of the damages.
4. That there were no gaol-liberties, and-the plaintiff *170voluntarily suffered the prisoner to go…
2Cited by20 opinions
- Churchill v. HuntNew York Supreme Court · 1846
- Gilbert v. . WimanNew York Court of Appeals · 1848
- Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
- First Avenue Land Co. v. ParkerWisconsin Supreme Court · 1901
- Wright v. WhitingNew York Supreme Court · 1863
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