Brown v. Tracy
New York Supreme Court
Demurrer' to' answer submitted by stipulation of counsel. The action is brought against the defendant as sheriff of Seneca county for the escape of one George Gilbert, who was charged in execution upon final process. The answer demurred to is sufficiently stated in the opinion which follows.
1Opinion of the Court
Welles, Justice.
I incline to the opinion that the facts stated in the answer demurred to in this case are not sufficient to constitute a defence. George Gilbert, for whose escape the sheriff is prosecuted, was charged in execution upon final process, and was in actual custody. The substance of the answer to which the demurrer is interposed is, that Gilbert was afterward arrested by virtue of a warrant issued by a police justice of the city of New-York, on a charge against him for obtaining goods by false pretences, and that he was taken to the city of New-York before the police justice, and…
2Cited by2 opinions
- Smith Sturgeon & Co. v. GrosslightMichigan Supreme Court · 1900
- Eads v. WynneNew York Supreme Court · 1894