Minton v. Woodworth
New York Supreme Court
THIS was an action of debt, brought by the plaintiff, who sue¿ as well, &c. as assignee of the late sheriff of Cayuga, on ’ ... . . . . . ° a bond for the gaol liberties, executed by Woodworth and Ferns, 3.s his security.
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THIS was an action of debt, brought by the plaintiff, who sue¿ as well, &c. as assignee of the late sheriff of Cayuga, on ’ ... . . . . . ° a bond for the gaol liberties, executed by Woodworth and Ferns, 3.s his security. The declaration stated that the plaintiff had, in a qui tam ac* tion, in the supreme court, recovered a judgment against the defendant, Woodworth, for two hundred and fifty dollars; that in August, 1811, he issued a ca. sa., on which the defendant was taken, and that he and the defendant, Ferris, executed a bond to the sheriff for the liberties of the gaol; that on the 1st…
1Opinion of the Court
Thompson, Ch. 3*.
delivered the opinion of the court. This case comes before the court on a general demurrer to the four first pleas. The action is debt upon a bond for the gaol liberties, for the defendant, Woodworth. The first plea is nil debet, and ifie three following pleas, which are. substantially alike, allege *476that the plaintiff discharged the prisoner, and that the escápe was by his consent, order, or direction.
The demurrer to the first plea is not well taken. The general rule is, that where in debt on a specialty, the deed is only inducement to the action, and matter of fact the…
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