Hart v. Dubois
New York Supreme Court
This was an action of debt against the defendant, as sheriff of the county of Ulster, for the escape of a prisoner from execution, tried at the Ulster circuit in October, 1836, before the Hon. Charles H. Ruggles, one of the circuit judges.
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This was an action of debt against the defendant, as sheriff of the county of Ulster, for the escape of a prisoner from execution, tried at the Ulster circuit in October, 1836, before the Hon. Charles H. Ruggles, one of the circuit judges. The defence was, that the court of common pleas of the county of Ulster had made an order for the discharge of the prisoner from custody, upon his petition and compliance with the requirements of the statute relative to voluntary assignments by a debtor imprisoned in execution in civil causes, 2 R. S. 31, and that on being served with such order, the…
1Opinion of the CourtBy the Courts Co wen, J.
I think it does not follow, of necessity, either that the court wanted jurisdiction, or if they did,, that the sheriff had knowledge thereof. The court had jurisdiction of the subject matter. Leonard was in on a ca. sa. in assumpsit for less than |500, which entitled him to his discharge instantly, on giving the plaintiff, Hart, fourteen days’ notice. 2 R. S. 31, § 1, 3. This notice was entirely for the plaintiff’s benefit, and he might, therefore, waive or take short notice by consent. That would make the proceeding regular in respect to every body. JYon constat but that he actually gave…
2Cited by9 opinions
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