Mathews v. Lawrence
Court for the Trial of Impeachments and Correction of Errors
Error to Onondaga C. P. Mathews sued Lawrence before a justice, and declared on a justice’s judgment against the defendant for #7,10 damages and costs. On the trial the judgment was proved.
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Error to Onondaga C. P. Mathews sued Lawrence before a justice, and declared on a justice’s judgment against the defendant for #7,10 damages and costs. On the trial the judgment was proved. The defendant then gave evidence tending to show, that the judgment was recovered against the defendant as sheriff of the county of Onondaga for the escape of one Wash-burn from the jail limits; that the plaintiff also sued Elihu L. Phillips, the successor of the defendant in the office of sheriff, and recovered a judgment against him for the same escape of Washburn; and that the judgment against Phillips…
1Opinion of the Court
By the Court, Bronson, Ch. J.
It is impossible that the plaintiff should have had a good cause of action against both sheriffs for the same escape of Washburn; and if we can believe ■ the defendant’s evidence as to the identity of the escape, it is then clear that one of the sheriffs had a good defence to the action which- was brought against him. It does not appear when the escape took place, or which judgment was first recov ered. Nor is there any thing in the case to show which of the sheriffs was legally liable to the plaintiff. Both certainly were not; and whichever had a good defence…
2Cited by6 opinions
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- Atlantic Dock Co. v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
- Montgomery v. VickeryIndiana Supreme Court · 1887
- Robinson v. St. Johnsbury & Lake Champlain RailroadSupreme Court of Vermont · 1907
- Gray v. HermanWisconsin Supreme Court · 1890
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