Legal Opinion

Shuler v. Garrison

Supreme Court of Pennsylvania

Decided May 15, 1843PublishedCited by 3 opinions

ERROR to the Common Pleas of Perry county. This was an action for an escape by John Garrison against Joseph Shuler, sheriff.

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ERROR to the Common Pleas of Perry county. This was an action for an escape by John Garrison against Joseph Shuler, sheriff. The plaintiff obtained a judgment against John L.' Gallatin for $615, upon which he issued a capias ad satisfaciendum, and put into the hands of the defendant Joseph Shuler, then sheriff, who arrested the defendant and took him into his custody, and while there the defendant with security executed an insolvent bond, and he with the sheriff went to the prothonotary to have it approved; he being absent, the sheriff retained the bond and permitted the defendant to go at…

1Per curiam

The amount to be recovered from the sheriff depends, not on the character of the escape, whether it be negligent or voluntary, but on the form of the action. The statute 1 Rich. 2, c. 12, gives an action of debt in which it is expressly enacted that the amount of the judgment shall be recovered: the common law gives an action on the case to recover damages in *457•proportion to the injury sustained, which is the actual loss. That ,the amount of the judgment is the measure of compensation in the action of debt, results not only from the words of the statute, but from the nature of the process,…

2Cited by3 opinions

  1. Taylor v. Johnson ex rel. A. W. & W. P. CarmichaelSupreme Court of Georgia · 1855
  2. Smith v. Commonwealth ex rel. McGarvySupreme Court of Pennsylvania · 1868
  3. Plumleigh v. CookIllinois Supreme Court · 1852

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