Patterson v. Westervelt
New York Supreme Court
This was an action on the case against the defendant as late sheriff of the city and county of New York, for the escape of one John Kelly from his custody; Kelly having been arrested on a capias ad respondendum at [544] the suit of the plaintiffs, and the sheriff having returned him in custodia.
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This was an action on the case against the defendant as late sheriff of the city and county of New York, for the escape of one John Kelly from his custody; Kelly having been arrested on a capias ad respondendum at [544] the suit of the plaintiffs, and the sheriff having returned him in custodia. The cause was tried at the New York circuit in October, 1835, before the Hon. Ogden Edwards, one of the circuit judges. . An exemplification of the capias returnable in May term, 1834, and of the return endorsed thereon, was read in evidence. Henry Ramsay, a witness for the plaintiffs, testified that…
1Opinion of the Court
By the Court,
Cowen, J.
It was said by the defendant’s counsel on the argument of this case, that no escape was proved at the trial. The evidence was truly very slight; but the judge and parties assumed it as sufficient, and no such point was made at nisi prius. Had it been, farther proof would doubtless have been given; perhaps indeed it was given, but omitted in making up the case, because there was no objection on account of the defect; a thing which often happens. It is enough, therefore, to say that the point was not made, but the cause proceeded on entirely different questions, taking the…
2Cases cited4 opinions
- Young v. HosmerMassachusetts Supreme Judicial Court · 1814
- Burrell v. LithgowMassachusetts Supreme Judicial Court · 1807
- Duncan v. KlinefelterSupreme Court of Pennsylvania · 1836
- Shackford v. GoodwinMassachusetts Supreme Judicial Court · 1816
3Cited by27 opinions
- Flack v. . the State of New YorkNew York Court of Appeals · 1884
- Dunford v. . WeaverNew York Court of Appeals · 1881
- Giffert v. WestWisconsin Supreme Court · 1873
- Ledyard v. . JonesNew York Court of Appeals · 1852
- Metcalf v. . StrykerNew York Court of Appeals · 1864
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