Hathaway v. Holmes
Supreme Court of Vermont
This was an action on the case for the escape of one Silas Hathaway, who had been committed to jail on an execution in favor of the plaintiff.
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This was an action on the case for the escape of one Silas Hathaway, who had been committed to jail on an execution in favor of the plaintiff. The declaration stated, that the plaintiffin January, 1821, recovered a judgment in the Supreme Court in Franklin County against said Silas tor $ 1919,54 damages, and $37,30 costs of suit — that he afterwards took out an execution on said judgment, dated Feb. 10, 1821, and delivered the same to the defendant, then being sheriff of said county — that the defendant on the 30th day of March, 1821, arrested the said Silas by virtue of said execution, and…
1Opinion of the CourtPrentiss, J.
The general question arising upon the pleadings is, whether dr not the discharge of the party, upon the writ of habeas corpus, from imprisonment on the-plaintiff’s execution,constitutes a defence to this action. ■ The determination, .of; this question involves the inquiries, whether, the Judge who issued the •writ,’ arid ordered the discharge; had jurisdiction of the caseand if he ha'd'; '-whether the discharge,' although the proceedings were errone'ous- dr -irregular; is, notwithstanding a protection .to. the sheriff? ''' ; _
The 'act of 1797 (Comp. Stat. p. 61, s. 13,) empowered the Supreme…
2Cases cited1 opinion
- Ward v. BarnardSupreme Court of Vermont · 1825
3Cited by5 opinions
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- In re HardiganSupreme Court of Vermont · 1884
- In re HosleySupreme Court of Vermont · 1850
- Raymond v. SoutherlandSupreme Court of Vermont · 1831
- In re LeggatAppellate Division of the Supreme Court of the State of New York · 1900