Browning v. Rittenhouse

*280The opinion of the court was delivered by

Dixon, J.

The plaintiff’s declaration alleges that the defendant, being sheriff of the county of Hunterdon, had arrested one J. L. upon a ca. sa., at her suit, and that, on September 16th, 1874, having the said J. L. in custody under that writ, he permitted him to escape, and seeks to recover from the sheriff the amount of the judgment against J. L. for such voluntary escape. To this declaration the defendant pleaded three pleas, and the plaintiff now moves to strike out the second and third pleas. The second plea sets out that, while J. L. was in the…