Brown v. Genung
New York Supreme Court
Error from the Yates common pleas, Genung brought an action of debt against Brown, sheriff of Yates, before a justice of the peace for the escape of a debtor from the limits of the jail, who had been committed on a justice’s execution, and recovered judgment. The defendant appealed to the _ _ 11 common pleas, where the plaintiff again recovered judgment, upon which a writ of error was sued out to this court.
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Error from the Yates common pleas, Genung brought an action of debt against Brown, sheriff of Yates, before a justice of the peace for the escape of a debtor from the limits of the jail, who had been committed on a justice’s execution, and recovered judgment. The defendant appealed to the _ _ 11 common pleas, where the plaintiff again recovered judgment, upon which a writ of error was sued out to this court. The plaintiff in error assigned a variety of errors, two of which on- *" «/ v ¡y are noticed by the court, viz. that there was no venire issued or filed in the common pleas ; and that an…
1Opinion of the Court
By the Court,
Sutherland, J.
This was an action of debt against the sheriff of Yates county, for the escape of one Randall from the limits, when committed (as is alleged) upon a justice’s execution. The plaintiff below recovered, and the sheriff appealed to the court of common pleas, where the plaintiff again recovered ; and from that court it is now brought here by writ of error.
*117Two errors are assigned: 1. That there was no venire issued or filed in this cause; 2. That an action of debt will not lie against a sheriff for an escape of a prisoner committed upon a justice’s execution.
I. As to the…
2Cases cited1 opinion
- Livingston v. RogersNew York Supreme Court · 1804
3Cited by5 opinions
- Haight v. HolleyNew York Supreme Court · 1829
- Holcomb v. CornishSupreme Court of Connecticut · 1831
- Hutchinson v. BrandNew York Supreme Court · 1850
- Nay v. CrookWisconsin Supreme Court · 1845
- Jones v. . BarlowNew York Court of Appeals · 1875