Lownds v. Remsen
New York Supreme Court
Error from the New-York common pleas. Dorcas M. Rem-sen sued Lownds, sheriff of New-York, in an action of debt, for the escape from the jail limits of one John Smalley, who Was -committed on a capiasvtdsatisfaciendum, at the suit of the plaintiff. The defendant pleaded nil debit.
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Error from the New-York common pleas. Dorcas M. Rem-sen sued Lownds, sheriff of New-York, in an action of debt, for the escape from the jail limits of one John Smalley, who Was -committed on a capiasvtdsatisfaciendum, at the suit of the plaintiff. The defendant pleaded nil debit. The plaintiff proved his jucjgment obtained in the common pleas of New-York, the issuing of the execution, and the arrest and escape of Smalley. defendant then gave in evidence a satisfaction piece in the original suit, purporting to be signed by the plaintiff in the same, acknowledged before a commissioner on the…
1Opinion of the Court
By the Court.*
The question as to the admissibility of the evidence objected to by the defendant below, is involved in that concerning the effect of the facts proved by it. If the facts destroyed the defence interposed by the sheriff, the objection to proving them, not having regard to the mode of proof, must be unavailing. The only question to be passed on by us, is whether the forged satisfaction piece received and filed by the clerk as a genuine paper, and the entry of satisfaction in the docket book of judgments, constitute a defence to the sheriff for the escape of Smalley. So long as the…
2Cases cited1 opinion
- Waldron v. GreenNew York Supreme Court · 1830
3Cited by11 opinions
- People ex rel. Attorney-General v. Dashaway Ass'nCalifornia Supreme Court · 1890
- Beers v. . HendricksonNew York Court of Appeals · 1871
- Taylor v. RandallSupreme Court of Colorado · 1877
- Eastwood v. PeopleNew York Supreme Court · 1855
- People v. ClurmanNew York Court of Appeals · 1943
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