Secor v. Bell
New York Supreme Court
DEBT against the defendant, as Sheriff of the city and countr New- York, for the escape of A. B. an attorney of this Court, a prisoner in execution, at the suit of the plain-r * tiffs* On the 31 st of May, 1819, a ca. sa. was issued on ajudgment obtained in this Court, by the plaintiffs against A. B. an attorney, &c. for 302 dollars and 35 cents, on which he was arrested by the defendant, during the sittings held in Junei before Mr. Justice Van Ness, upon which the defend-'…
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DEBT against the defendant, as Sheriff of the city and countr New- York, for the escape of A. B. an attorney of this Court, a prisoner in execution, at the suit of the plain-r * tiffs* On the 31 st of May, 1819, a ca. sa. was issued on ajudgment obtained in this Court, by the plaintiffs against A. B. an attorney, &c. for 302 dollars and 35 cents, on which he was arrested by the defendant, during the sittings held in Junei before Mr. Justice Van Ness, upon which the defend-' an^ Pr°duced a writ of privilege allowed by E. W. King, one of the judges of the Mayor’s Court óf New-York. In o o…
1Opinion of the Court
Spencer, Ch. J,
delivered the opinion of the Court. Tidd (p. 171.) lays down.the rule to be, that the sheriff cannot take notice of the privilege of an attorney; nor Í3 he bound to discharge him, even upon producing a writ of privilege, except where the arrest was by process issuing out of an inferior Court; in which case, he says, their writs of privilege ought to be allowed to them, mstanter; and that if an attorney or other officer of the K. B. be arrested, by process issuing out of the same Court, he may move to be discharged on common bail.
By the 12th section of the statute concerning…
2Cited by8 opinions
- Lyell v. GoodwinU.S. Circuit Court for the District of Michigan · 1845
- Central Trust Co. of New York v. Milwaukee St. Ry. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1896
- Wright v. BoydNew York Supreme Court · 1848
- Ela v. ElaSupreme Court of New Hampshire · 1895
- Ginochio v. OrserNew York Court of Common Pleas · 1855
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