Poucher v. Holley
New York Supreme Court
This was an action of debt against the defendant, as sheriff of the county of Columbia, for the escape of a Pr^soner execution, tried at the Columbia circuit, in September, 1827, befeore the Hon. William A. Duer, one of the CÍrCUÍt judSeS-' The plaintiff had a judgment against one Reuben-Ranny, on which he caused a ca. sa. to be issued, by virtue of which Ranny was arrested previous to its return, to wit, the first Monday of January, 1823, by James Warren, then sheriff of…
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This was an action of debt against the defendant, as sheriff of the county of Columbia, for the escape of a Pr^soner execution, tried at the Columbia circuit, in September, 1827, befeore the Hon. William A. Duer, one of the CÍrCUÍt judSeS-' The plaintiff had a judgment against one Reuben-Ranny, on which he caused a ca. sa. to be issued, by virtue of which Ranny was arrested previous to its return, to wit, the first Monday of January, 1823, by James Warren, then sheriff of Columbia. On the 1st January, 1823, Ranny was assigned as a prisoner in execution by W arner to bamuei lb. Hudson,…
1Opinion of the Court
By the Court,
Sutherland, J.
The learned judge appears to me to have erred in two particulars ; 1. In stating that a voluntary execution of the limit bond to the defendant by Ranny, after he had been discharged from the limits by Poucher, the plaintiff, would constitute him a prisoner to the defendant, so that the defendant would be liable for any subsequent escape. 2. In stating, that although the jury might be satisfied that Poucher had discharged Ranny from the lim*186its, still, unless they were also satisfied that he intended, at the fáme ai¡eged¡ f0 g{m Ranny a legal discharge from the debt,…
2Cited by6 opinions
- Hosack's Executors v. RogersNew York Supreme Court · 1840
- Gilman v. Van SlyckNew York Supreme Court · 1827
- Bonesteel v. GarlinghouseNew York Supreme Court · 1871
- Camp v. AllenSupreme Court of New Jersey · 1830
- Prusia v. BrownNew York Supreme Court · 1887
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