Wilckens v. Willet
New York Court of Appeals
Jacob Wickelhausen (for whom, on his death pending the action, Ann Wilckins and Thomas Achellis, executors, were substituted as plaintiffs) sued James 0. Willett, sheriff of the county of New York, in the New York superior court, to recover damages for- the escape of one Williamson, a prisoner on civil process, who was taken from the sheriff’s custody to answer for contempt at the bar of Congress. The facts are stated in the opinion.
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Jacob Wickelhausen (for whom, on his death pending the action, Ann Wilckins and Thomas Achellis, executors, were substituted as plaintiffs) sued James 0. Willett, sheriff of the county of New York, in the New York superior court, to recover damages for- the escape of one Williamson, a prisoner on civil process, who was taken from the sheriff’s custody to answer for contempt at the bar of Congress. The facts are stated in the opinion. On the trial, defendant had a decision in his favor, and the judgment entered thereon was affirmed by the court at general term, on the ground that,' at the time…
1Opinion of the Court
By the Court.
T. A. Johnson, J.
John D.Williamson, for whose alleged escape this action was brought, was imprisoned upon an execution duly issued against his person in the city of New York, and had secured the right of the jail liberties. While thus situated, he was served with a subpoena, in due form of law, to attend and give evidence before the house of representatives of the ’United States Congress, or a committee thereof, and failing to appear, was adjudged guilty of a contempt. A warrant, in the customary form, was thereupon issued and delivered to the sergeant-at-arms, to arrest said…
2Cases cited9 opinions
- Mason v. HaileSupreme Court of the United States · 1827
- Hart v. DuboisNew York Supreme Court · 1838
- People ex rel. Lovett v. RogersNew York Court of Chancery · 1830
- Ray v. HogeboomNew York Supreme Court · 1814
- Martin v. WoodNew York Supreme Court · 1831
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3Cited by1 opinion
- People, Ex Rel. McDonald v. . KeelerNew York Court of Appeals · 1885