Riley v. Seymour
New York Supreme Court
Error from the Monroe common pleas. Seymour sued Riley and Wright before a justice on a bond, conditioned that Wright, who was in the custody of Seymour, as sheriff'of the county of Monroe, on a justice’s execution in favor of Lu-man Ashley, should remain a true and faithful prisoner, and should not go without the limits of the liberties of the jail, v y until discharged by due course of law ; and assigned for breach, that Wright had gone without the limits, &c.
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Error from the Monroe common pleas. Seymour sued Riley and Wright before a justice on a bond, conditioned that Wright, who was in the custody of Seymour, as sheriff'of the county of Monroe, on a justice’s execution in favor of Lu-man Ashley, should remain a true and faithful prisoner, and should not go without the limits of the liberties of the jail, v y until discharged by due course of law ; and assigned for breach, that Wright had gone without the limits, &c. The defendants plead the general issue, and that Wright had re-1 v o mained a true and faithful prisoner, &c. on which last plea…
1Opinion of the Court
By the Court,
Woodworth, J.
The plaintiffs in error executed a bond to Seymour, sheriff of Monroe, conditioned that Wright, who had been committed on a justice’s execution, should remain a faithful prisoner. Seymour commenced an action in a justice’s court on the bond, alleging an escape. Plea, that Wright remained a faithful prisoner, upon which issue was taken, and judgment for plaintiff. The cause was removed by appeal, and tried in the common pleas, Where judgment was again rendered for the plaintiff. The bill of exceptions states, that the plaintiff below produced and proved the docket of…
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