Ely v. Adams
New York Supreme Court
DEBT against the defendant, late sheriff of Genesee, for the escape of William White, tried at the Genesee circuit, on the 6th of July, 1821, before Mr. Justice Yates. The defendant pleaded the general issue,and specially, that the escape did not happen within one year next before the commencement of the suit, with notice of evidence to be given at the trial, that if W. did escape, See. it was by the leave and consent of the plaintiffs.
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DEBT against the defendant, late sheriff of Genesee, for the escape of William White, tried at the Genesee circuit, on the 6th of July, 1821, before Mr. Justice Yates. The defendant pleaded the general issue,and specially, that the escape did not happen within one year next before the commencement of the suit, with notice of evidence to be given at the trial, that if W. did escape, See. it was by the leave and consent of the plaintiffs. There was a replication to the special plea and issue. The plaintiff gave in evidence, the record of a judgment and execution, in favor of the plaintiffs,…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. If it is meant that the defendant’s counsel, by objecting to the verdict being taken, subject to the opinion of the Court, insisted on his right to address the jury, and on their right to deliberate on the evidence, (which I think is fairly implied in the objection,) then it becomes necessary to inquire, what is, and ought to he, the course of proceeding at the circuit. If the facts in a cause are indisputable, and the Judge either has doubts on the point of law, or wishes to have it considered more deliberately, I can see no objection to his…
2Cases cited1 opinion
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