M'Elroy v. Mancius
New York Supreme Court
THIS was an action of debt, for the escape of one Amos Hubble, a prisoner in execution, brought against the defendant, the late sheriff of the city and county of Albany.
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THIS was an action of debt, for the escape of one Amos Hubble, a prisoner in execution, brought against the defendant, the late sheriff of the city and county of Albany. The cause was tried at the Albany circuit, in October, 1815. The declaration stated the judgment and ca. sa., in this court, against Hubble, and that he escaped on the 11th of March, \815. The defendant pleaded the general issue, with an affidavit annexed, that the escape, if any, was involuntary, and without his knowledge, and notice of special matter to be given in evidence. The plaintiff, at the trial, having proved the…
1Per curiam
The Only question is, whether the plaintiff’s opposition to the, discharge of Hubble was such a recognition of him, as a prisoner under.plaintiff rs ca. sa., as would amount to a legal defence in this suit ? ; -
- In- the case of Rawson v. Turner, (4 Johns. Rep. 469.,). it was-decided, that if “ there, has been an escape, both in the time of the former, and of the nezo sheriff, the plaintiff has an election-,.-either -to- consider the.prisoner -in execution, and so charge the-new sheriff for (he last escape, dr as out of execution, and charge the old sheriff.” And that “ the bringing a suit…
2Cited by14 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- McLaughlin v. AustinMichigan Supreme Court · 1895
- Steel v. SmithSupreme Court of Pennsylvania · 1844
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Garrett v. John V. Farwell Co.Illinois Supreme Court · 1902
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