Ross v. Luther
New York Supreme Court
Debt for the escape of Wait, a prisoner on ca. sa. from the jail limits of Clinton county, tried at the Clinton Circuit, July 4th, 1823, before Walworth, C. J. The main question arising upon the case, related to the time at which this suit should be deemed to have been commenced.
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Debt for the escape of Wait, a prisoner on ca. sa. from the jail limits of Clinton county, tried at the Clinton Circuit, July 4th, 1823, before Walworth, C. J. The main question arising upon the case, related to the time at which this suit should be deemed to have been commenced. The ca. sa. was also Avrongly tested in the name of Kent, Ch. J. The time of commencing the suit, depended on the testimony of St. John B. L. Skinner, who testified that on the 7th February, 1820, at half past 9 P. M. according to the Coroner’s watch, he delivered the capias ad respondendum to him, (the Coroner,) and…
1Opinion of the CourtWoodworth, J.
The Judge charged the jury, that the suit must be considered as commenced, when Skinner started to deliver the writ to the Coroner; after he had determined absolutely to issue it ; and not from' the time when he first took it from the office, without any certain intention of delivering it.
*161If the law was correctly laid down, there is no ground for disturbing the verdict on the question of fact. From the evidence, it is somewhat, doubtful whether Wait was out of the limits when the agent determined to deliver the writ, and went in pursuit of the officer.
The delivery of a writ to the wife of a…
2Cases cited3 opinions
- Burdick v. GreenNew York Supreme Court · 1820
- Bronson v. EarlNew York Supreme Court · 1819
- Visscher v. GansevoortNew York Supreme Court · 1821
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- Ward v. Saben Appliance Co.Supreme Court of Alabama · 1980
- Weaver v. FirestoneSupreme Court of Alabama · 2013
- Jordan v. BosworthSupreme Court of Georgia · 1905
- In re ClyneSupreme Court of Kansas · 1893
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