Russell v. Turner
New York Supreme Court
THIS was an action on the case for an escape. The eause was tried the 18th October, 1809, before Mr. Justice Spencer. It was proved at the trial, that a capias ad respondendum, returnable the second Monday of November, 1806, was delivered to the defendant, against one Abel Turner, Sylvester Russell and John Martin, at the suit of the plaintiff. Abel Turner alone was arrested and held in custody by the sheriff, and the other two defendants were returned not found.
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THIS was an action on the case for an escape. The eause was tried the 18th October, 1809, before Mr. Justice Spencer. It was proved at the trial, that a capias ad respondendum, returnable the second Monday of November, 1806, was delivered to the defendant, against one Abel Turner, Sylvester Russell and John Martin, at the suit of the plaintiff. Abel Turner alone was arrested and held in custody by the sheriff, and the other two defendants were returned not found. The plaintiff produced an exemplification of the record in the cause, by which it appeared, that a judgment had been obtained in…
1Opinion of the CourtThompson, J.
This is an action on the case, brought against the sheriff for the escape of a prisoner, in custody on mesne process, and the question now before the court is, whether • it was competent for the sheriff to show that the plaintiff *192had. after he knew of the escape, relinquished to the. . , . _ ‘ , prisoner real security for the debt, which he held m the state of Vermont, with a view to recover his demand from the sheriff.
The true question in cases of this kind is, what has the plaintiff lost in consequence of the escape? (1 Johns, Rep. 223. 2 Johns. Rep. 454.) The jury are not confined to the…
2Cited by3 opinions
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