Shaffer v. . Riseley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made March 8, 1887, which reversed a judgment in favor of defendant, entered upon a verdict directed by the court. The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made March 8, 1887, which reversed a judgment in favor of defendant, entered upon a verdict directed by the court. The nature of the action and the material facts are stated in the opinion. The order of discharge served upon the sheriff was regular on its face, contained recitals of all the necessary facts to give jurisdiction to the court granting it, and of itself, protects the sheriff in discharging the prisoner, whether jurisdiction actually existed or not. (Devlin v. Cooper, 84 N. Y. 410; Goodwin…
1Opinion of the CourtBradley, J.
The defendant was sheriff of the county of Ulster. This action was brought to recover for an alleged escape of one Samuel H. Palmer, who had been imprisoned in the jail of that county, upon execution issued on a judgment recovered against him by the plaintiff. The defendant discharged Palmer from such imprisonment pursuant to an order of the County Court of the county of Ulster, in which such judgment was recovered. The ground upon which the plaintiff relies to support the action is that it appeared neither by the recitals in the order nor by the proceedings in which it was made that the…
2Cases cited3 opinions
- Bullymore v. . CooperNew York Court of Appeals · 1871
- Hart v. DuboisNew York Supreme Court · 1838
- Stevens v. BentonNew York Supreme Court · 1869
3Cited by7 opinions
- Cowenhoven v. . BallNew York Court of Appeals · 1890
- Matter of ClarkNew York Court of Appeals · 1901
- Matter of LeggatNew York Court of Appeals · 1900
- Lang v. DreyerNew York Supreme Court · 1939
- Kaplan v. BernsteinAppellate Terms of the Supreme Court of New York · 1921
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