Buczynski v. Anderson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Andrew Buczynski, from a judg-. ment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chautauqua on the 30th day of December, 1915, upon the decision of the court, a jury having been waived, and also from an order entered in said clerk’s office on the 6th day of January, 1916, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, P. J.:
The principal question here is whether a case was made out to hold the defendant sheriff liable as bail, or only for an escape. Concededly, Ruszowski, whom the sheriff had arrested under the order of arrest, escaped, and according to the sheriff’s return upon the body execution thereafter issued upon the judgment, he was not found within the sheriff’s county.
If a case for an escape, merely, was made out, the plaintiff could recover only such damages as he had sustained.
The trial judge found upon sufficient evidence that the prisoner was insolvent and without property out of which…
2Cases cited9 opinions
- Flack v. . the State of New YorkNew York Court of Appeals · 1884
- Dunford v. . WeaverNew York Court of Appeals · 1881
- Smith v. . KnappNew York Court of Appeals · 1864
- Metcalf v. . StrykerNew York Court of Appeals · 1864
- Wright v. . SmithNew York Court of Appeals · 1913
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3Cited by1 opinion
- Slagle v. BurdenAppellate Division of the Supreme Court of the State of New York · 1933