Develin v. . Cooper
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order, made February 10, 1880, which affirmed a judgment in favor of defendant, entered upon a decision of the court, after verdict taken by direction of the court for plaintiff with leave to either party, to enter judgment according as it should thereafter be • determined by the court.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order, made February 10, 1880, which affirmed a judgment in favor of defendant, entered upon a decision of the court, after verdict taken by direction of the court for plaintiff with leave to either party, to enter judgment according as it should thereafter be • determined by the court. (Reported below, 20 Hun, 188.) The nature of the action and the facts are set forth sufficiently in the opinion. The act to abolish imprisonment for debt (chap. 300, Laws of 1831) was, by…
1Opinion of the Court
Folger, Ch. J.
This is an action against a sheriff for an escape. Maxwell, the prisoner, had been taken into custody by the sheriff on an order, for. arrest, in an action on a contract, and was after that duly charged in execution against his body on a judgment in the action and held by the sheriff thereon. While he was so held, the county judge of Suffolk county made an order exempting him from imprisonment by reason of any prior debt. This order having been exhibited to the sheriff, he suffered Maxwell to go at large. This act of the sheriff is the escape for which he is sued. It does not…
2Cases cited10 opinions
- In re WrigleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Dyckman v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Barber v. WinslowNew York Supreme Court · 1834
- Staples v. . FairchildNew York Court of Appeals · 1849
- Bullymore v. . CooperNew York Court of Appeals · 1871
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3Cited by13 opinions
- Goodwin v. . GriffisNew York Court of Appeals · 1882
- In re the Estate of MacElroyNew York Surrogate's Court · 1968
- Matter of LeggatNew York Court of Appeals · 1900
- Anderson v. DeweySupreme Court of Connecticut · 1917
- In re the Final Judicial Settlement of the Account of PetersonAppellate Division of the Supreme Court of the State of New York · 1910
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