Peters v. Henry
New York Supreme Court
THIS cause came before the court, on a writ of error, from the court of common pleas of Rensselaer county. The plaintiffs brought an action of debt againt the defendant, as sheriff of the county of Rensselaer, for the escape of one Peter Haff, who was in the custody of the defendant, on execution, at the suit of the plaintiffs, on the 25th May, 1805. The defendant pleaded, 1. Not guilty; 2. That Haff forcibly broke the prison, and escaped, without the knowledge or consent of…
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THIS cause came before the court, on a writ of error, from the court of common pleas of Rensselaer county. The plaintiffs brought an action of debt againt the defendant, as sheriff of the county of Rensselaer, for the escape of one Peter Haff, who was in the custody of the defendant, on execution, at the suit of the plaintiffs, on the 25th May, 1805. The defendant pleaded, 1. Not guilty; 2. That Haff forcibly broke the prison, and escaped, without the knowledge or consent of the defendant, and voluntarily returned into prison, before suit brought, and continued i 7 ° 7 in custody, until he…
1Opinion of the CourtSpencer, J.
The error insisted on is, that the voluntary return of the prisoner within the limits does not purge the escape, and that to entitle the defendant to a verdict, he should have proved that the prisoner returned within the walls of the prison.
This suit must have been brought under the idea, that the decision in Tillman v. Lansing, (4 Johns. Rep. 47.) had deprived the sheriff of the right of pleading a voluntary return of the prisoner, before action brought, in all cases, except when the escape was from the walls of the prison. But that decision proceeded solely on the construction of the…
2Cited by5 opinions
- Develin v. . CooperNew York Court of Appeals · 1881
- People Ex Rel. Wolfe v. . JohnsonNew York Court of Appeals · 1921
- Steere v. FieldU.S. Circuit Court for the District of Rhode Island · 1822
- Cortis v. DaileyAppellate Division of the Supreme Court of the State of New York · 1897
- Lockwood v. MercereauThe Superior Court of New York City · 1858