Hatch v. Saunders

This suit was commenced by declaration against the defendant, who was sheriff of Cass county, and contains two counts.

The first charges that the sheriff permitted one Patrick F. O’Neil to escape from his custody after having arrested him on a capias ad respondendum,, at the suit of the plaintiffs, whereby the “ plaintiffs have been and are greatly injured and delayed in the recovery of their debt” against O’Neil, “ and are likely to lose the same, * * * and have lost and been deprived of the means of recovering their costs- and charges” against him.

The second count alleges negligence in the…