Cable v. Cooper
New York Supreme Court
THIS was an action of debt brought against the defendant, sheriff of the county of Oneida, for the escape of one Azor Brown.
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THIS was an action of debt brought against the defendant, sheriff of the county of Oneida, for the escape of one Azor Brown. The cause was tried before his Honour the Chief _ . 7 . . T Justice, at the Onieda circuit, m June, IS 17. The plaintiff brought an action, in this court, of debt, on a judgment recovered by him in the mayor’s court óf Al-bony, against Brown Colberth : Brown only was taken on ihe copias, and judgment was rendered by default, in August temb 1816-, for 186 dollars and 19 cents, the amount of the judgment in the mayor’s court, and costs. A test. ca. sa. J tested m August…
1Opinion of the CourtVan Ness, J.
The defendant in the original action was hound to plead his discharge, if he wished to avail himself of his exemption from imprisonment for the same cause, secured to him by the statute. If he had been convicted of perjury in procuring his discharge, he was, notwithstanding his discharge, liable to be again imprisoned, either on the old judgment, or under a new judgment recovered upon the old one, in an action of debt; and if the discharge had been pleaded, the plaintiff might have replied to it such conviction, which would have been conclusive to bar him of his exemption. The privilege from…
2Cases cited2 opinions
- Reynolds v. CorpNew York Supreme Court · 1805
- Wilson, Ex ParteSupreme Court of the United States · 1810
3Cited by18 opinions
- In Re BurrusSupreme Court of the United States · 1890
- Ex parte RandolphU.S. Circuit Court for the District of Virginia · 1833
- In re CrowWisconsin Supreme Court · 1884
- Thurston v. MartinU.S. Circuit Court for the District of Rhode Island · 1830
- Bell v. State ex rel. MillerCourt of Appeals of Maryland · 1846
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