Lawrence v. . Campbell
New York Court of Appeals
Motion by Mr. John Sessions, oh behalf of the plaintiff, to dismiss an appeal taken by the defendant. Judgment for the plaintiff after a trial had had been entered for §2,966.88. The action was against the defendant as sheriff of Kings county, for the escape of one Cornwall, who had been committed to jail on final process, in a civil action, at the suit of the plaintiff.
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Motion by Mr. John Sessions, oh behalf of the plaintiff, to dismiss an appeal taken by the defendant. Judgment for the plaintiff after a trial had had been entered for §2,966.88. The action was against the defendant as sheriff of Kings county, for the escape of one Cornwall, who had been committed to jail on final process, in a civil action, at the suit of the plaintiff. The question on the trial was as to the extent of the jail limits, it being maintained by the defendant and denied by the plaintiff, that they embraced what was formerly the village of Williamsburgh, which had been…
1Per curiam
The appeal having been brought within the time limited by the statute, the appellant has a right to prose cute it unless he is estopped by the special circumstances existing when it was brought. The appellant has recovered judgment for an equal amount against the obligees on the indemnity bond which he had taken; but he has not obtained satisfaction within about one thousand dollars. To that extent his indemnity appears to have failed. The judgment against the sureties on the limit bond does not operate by way of strict estoppel, because it was between other parties; and estoppels, to be…
2Cited by5 opinions
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