McArthur v. Pease
New York Supreme Court
IS" December, 1857, John Lent commenced an action against Eobert McArthur, in which the latter was liable to arrest, and was arrested. To secure his release from such arrest, the plaintiff and one McVean became his bail and executed the undertaking provided by law. Lent obtained judgment and issued an execution against the property of the defendant in that action, which was returned unsatisfied.
Read the full summary
IS" December, 1857, John Lent commenced an action against Eobert McArthur, in which the latter was liable to arrest, and was arrested. To secure his release from such arrest, the plaintiff and one McVean became his bail and executed the undertaking provided by law. Lent obtained judgment and issued an execution against the property of the defendant in that action, which was returned unsatisfied. He then issued an execution directed to the defendant herein as sheriff, against McArthur’s person, which was returned that he could not be found in the county. The plaintiff alleges that the sheriff…
1Opinion of the Court
E. Darwin Smith, J".
It is quite clear, I think, upon the
evidence, that the defendant’s deputy, Gould, upon the execution against the body of McArthur, duly arrested said McArthur and held him in his custody, or under his control, and negligently permitted him to escape. The return of the defendant upon such execution that the said McArthur could not be found in his county, was therefore clearly a false return, (Hinman v. Borden, 10 Wend. 367.) This return fixed the bail, and could not be questioned in an action against them upon their undertaking. It could only be questioned in an action…
2Cases cited4 opinions
- Harrington v. WardMassachusetts Supreme Judicial Court · 1812
- Hinman v. BordenNew York Supreme Court · 1833
- Bradley v. BishopNew York Supreme Court · 1831
- Bishop v. EarlNew York Supreme Court · 1837
3Cited by4 opinions
- Cozine v. . WalterNew York Court of Appeals · 1873
- Yatter v. Pitkin & MillerSupreme Court of Vermont · 1900
- Cozine v. WalterNew York Court of Appeals · 1873
- Eldridge v. BellowsSuperior Court of New Hampshire · 1814