Wesson v. . Chamberlain
New York Court of Appeals
On appeal from the supreme court, where the action was brought against the sheriff of Chenango county, for an escape. The plaintiff recovered judgment in that court and the defendant appealed. The case was submitted on written arguments.
1Opinion of the CourtHurlbut, J.
This action was brought to recover for the escape of Nelson Brown and Hiel Fitch, from the jail limits of Chenango county, where they were imprisoned by virtue of an execution issued on a judgment, rendered in an action of trover before a justice of the peace; a transcript of which judgment had been filed in the office of the clerk of that county. The suit before the justice was regularly commenced by summons personally served on the defendants therein, who, however, did not appear on the return day, and the plaintiffs proceeded with their action, by putting in a declaration in trover, and…
2Cited by3 opinions
- Richtmeyer v. . RemsenNew York Court of Appeals · 1868
- Hormann v. SherinSouth Dakota Supreme Court · 1895
- Eads v. WynneNew York Supreme Court · 1894