French v. Willet
The Superior Court of New York City
This was an appeal by the plaintiff from a judgment entered on a verdict for nominal damages recovered by him on the trial of the cause.
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This was an appeal by the plaintiff from a judgment entered on a verdict for nominal damages recovered by him on the trial of the cause. In February, 1856, the plaintiff recovered a judgmen against one Plin White, for $12,588.56, and after execution against property issued and returned unsatisfied, an execution against the person was issued in April, 1856, to the defendant, then Sheriff of the Oity and County of Hew York, on which he held White, on January 1st, 1859, when his term of office expired. John Kelly was elected Sheriff to succeed the defendant, qualified and gave the security…
1Opinion of the Court
By the Court—Robertson , J.
Before the revision of the statutes of this State in 1830, a retiring Sheriff was only relieved from the custody of prisoners by a writ of discharge, the form of which was prescribed in the same statute with the commission to the new Sheriff. (1 Rev. Laws, 418, §§ 1, 5.) The transfer of such custody to the succeeding Sheriff was then not a duty, but the privilege of the outgoing officer for his own protection. (Hemstead v. Weed, 20 Johns., 73.) A contrary doctrine had previously been laid down by Bacon in his Abridgment, (vol. 2, p. 517, Escape in Civil Actions,)…
2Cases cited3 opinions
- Hinds v. DoubledayNew York Supreme Court · 1839
- Partridge v. WesterveltNew York Supreme Court · 1835
- Hempstead v. WeedNew York Supreme Court · 1822