Pinckney v. . Hegeman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon the decision of the court, upon trial at circuit, without a jury. This action was brought against defendant, as sheriff of Montgomery county, for an alleged escape on the 4th June, 1866. Plaintiff recovered judgment against one Peter W. Wagner in the Supreme Court.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon the decision of the court, upon trial at circuit, without a jury. This action was brought against defendant, as sheriff of Montgomery county, for an alleged escape on the 4th June, 1866. Plaintiff recovered judgment against one Peter W. Wagner in the Supreme Court. About the 12th April, 1869, said Wagner was arrested by defendant and committed to jail upon an execution against the person, issued upon said judgment. He gave bail for the liberty…
1Opinion of the CourtFolger, J.
It is conceded by the appellant that the order is not void because the motion for it was made without notice; and it is further conceded by her that it is not void because it was granted in a county not within nor adjoining the judicial district in which the action was triable.
It is contended that the order is void, for that the Supreme Court has no general nor special jurisdiction to discharge from custody a defendant, who is held by an execution against his person, issued upon a final judgment against him.
This proposition, however, does not cover the whole case. The Supreme- Court set aside…
2Cases cited1 opinion
- Bullymore v. . CooperNew York Court of Appeals · 1871
3Cited by5 opinions
- Fox v. McGrathCourt of Appeals for the Second Circuit · 1945
- Levy v. Melody, New York County Courts1906
- Goldreyer v. FoleyAppellate Division of the Supreme Court of the State of New York · 1913
- Perry v. KentNew York Supreme Court · 1895
- Walker v. HarderNew York Supreme Court · 1903