Cathcart v. Cannon
New York Supreme Court
Before the return of the capias issued against the de- ' féndant, as bail, application was made to a judge, after April. term, 1798, for a committitur of the principal, who was confined in prison in Herkiner county, on a charge of felony which was refused. In September following, the principal was convicted and sentenced to the state prison for life. A rule to show cause why an exoneretur should not he entered, was afterwards obtained.
1Per curiam
It appears that the "defendant made a bona fide attempt to surrender the principal, before the return of the capias, which was frustrated. The principal was afterwards imprisoned for life, and had the surrender been completed, it could not have benefited the plaintiff. The rule must be made absolute, on payment of costs.(a)
Rule granted.
So when the principal has been convicted of felony and sentenced to imprisonment in the state prison of another slate for a long term of years, Lofflin v. Fowler, 18 Johns. R. 335 ; but not when the sentence was to the penitentiary for two years. Phenix Fire…
2Cited by3 opinions
- Sayward v. ConantMassachusetts Supreme Judicial Court · 1814
- Bigelow v. JohnsonMassachusetts Supreme Judicial Court · 1819
- Way v. WrightMassachusetts Supreme Judicial Court · 1843