Latham v. Westervelt

By the Court, Mitchell, P. J.

This ease was before the general term once before, and is reported in 16 Barb. 421; the court then setting aside a nonsuit. A new trial has been had, and resulted in favor of the plaintiff. The case now comes again before the court on exceptions. The action is brought against the defendant as sheriff of New York, to recover damages on account of the escape of Daniel A.-Van Namee from his custody, after he had been arrested by order of Justice Edmonds, on behalf of Latham, under the non-imprisonment act of 1831. Objections are made ; 1st. That the affidavits…