Potter v. Lansing
New York Supreme Court
THIS was an action on the case for an escape, and false return, on mesne process. The cause was tried at the New- ' r e Tork Sittings, the 17th April, 1805, before Mr. Justice Thompson. One Briggs was arrested by the defendant, who was sheriff of the city and county of New-Tork, on a capias ad respondendum, returnable in July Term, 1798, at the suit of the present plaintiff, and after being in custody in the gaol some weeks, he made his escape.
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THIS was an action on the case for an escape, and false return, on mesne process. The cause was tried at the New- ' r e Tork Sittings, the 17th April, 1805, before Mr. Justice Thompson. One Briggs was arrested by the defendant, who was sheriff of the city and county of New-Tork, on a capias ad respondendum, returnable in July Term, 1798, at the suit of the present plaintiff, and after being in custody in the gaol some weeks, he made his escape. The sheriff made a special return to the writ of a rescue. In support of his claim to damages, the plaintiff proved, that Briggs was master of the…
1Opinion of the CourtTompkins, J.
The declarations of the plaintiff’s attorney offered as evidence on the trial, prove nothing more than his opinion, at that time, of-the solvency of Briggs. This would not be legal and proper testimony of that fact; and had the attorney himself been alive, and produced as a witness, he would not have been permitted to give his own surmises, or belief upon the subject, but must have detailed facts that the jury might draw their inferences from them. The proposed testimony to establish the insolvency of Briggs was properly overruled. But the escape was before the day on which the writ was…
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