Visscher v. Gansevoort
New York Supreme Court
THIS was an action against the defendant, as sheriff of ^3e county °f Albany, for the escape of Thomas Mounsey, a prisoner, in execution, from the liberties of the gaol, tried 4 , ° at tlie Albany circuit, iu April* 1820. before Mr. Justice TTT 7 _ ° T . , Woodworth.
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THIS was an action against the defendant, as sheriff of ^3e county °f Albany, for the escape of Thomas Mounsey, a prisoner, in execution, from the liberties of the gaol, tried 4 , ° at tlie Albany circuit, iu April* 1820. before Mr. Justice TTT 7 _ ° T . , Woodworth. It was proved, that on the 26th of June, 1819, the attorney of the plaintiff, hearing that M. was off the limits °f the gaol, delivered a writ against the defendant, to the witness, Ackerman, with instructions ic to go and see M. off ga°l liberties, so that he could swear to the fact, and then deliver the writ to the coroner.”…
1Opinion of the Court
_ _ . Fer Curiam., . ... 1 he only question in this case is, whether, the suit was commenced when Mounsey, for whose escape the defendant is sued, was off the gaol limits..
^ was decided, in Burdick v. Green, that if a writ was actua^y made out, and sent to the sheriff or his deputy, by mail or otherwise, with a bona fide and absolute intention of 7 ° having it served, it would be a good commencement of the . ° ... suit; but, we held, that such intention must be positive and unequivocal. Here the writ was made out, and delivered to a messenger, as we construe the facts, conditionally; that is,…
2Cited by9 opinions
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- Updike v. BroeckSupreme Court of New Jersey · 1866
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