Jansen v. Hilton
Court for the Trial of Impeachments and Correction of Errors
THIS cause came up, on a writ of error, from the supreme court. Hilton brought an action of debt, in the court below, against Jansen, sheriff of Ulster, for the escape of Edward Eltinge from the limits of the gaol liberties ; being in execution on a judgment obtained in August term, 1807, in favour of Hilton, for 810 dollars and 50 cents, debt, and 115 dollars and 43 cents, damages and costs. The writ was returned in August term, 1809. The declaration contained six counts.
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THIS cause came up, on a writ of error, from the supreme court. Hilton brought an action of debt, in the court below, against Jansen, sheriff of Ulster, for the escape of Edward Eltinge from the limits of the gaol liberties ; being in execution on a judgment obtained in August term, 1807, in favour of Hilton, for 810 dollars and 50 cents, debt, and 115 dollars and 43 cents, damages and costs. The writ was returned in August term, 1809. The declaration contained six counts. After stating the judgment against Eltinge, his arrest on the ca. sa., the taking tí? a bond by the sheriff for the…
1Opinion of the Court
The Chancellor.
This cause came up from a judgment of the supreme court, in an action of debt for the escape of Edward EUinge, from the liberties of the gaol of Ulster county, in which he was imprisoned on a ca. sa. in favour of the defendant in error, en a judgment obtained by him in 1807. There are several counts in the declaration, to which the defendant in the cause below plead nil debet, and atnorg ither pleas, that Edward EUinge, having been admitted to the liberties aforesaid, according to the statute in that case made and provided, wrongfully, without the privity or the knowledge of…
2Cited by6 opinions
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- People Ex Rel. Wolfe v. . JohnsonNew York Court of Appeals · 1921
- Steere v. FieldU.S. Circuit Court for the District of Rhode Island · 1822
- Middle District Bank v. DeyoNew York Supreme Court · 1827
- Lockwood v. MercereauThe Superior Court of New York City · 1858
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