Hutchins v. Edson
Superior Court of New Hampshire
THIS was an action of debt, for an escape upon execution. The cause was submitted to the decision of the court upon the following facts: The plaintiff recovered judgment in the superior court in this county against one Benjamin Blake, and sued out execution upon the judgment, upon which execution Blake was arrested, and, being in the custody of the defendant, who is sheriff of this county, escaped ; but the execution upon which Blake was arrested and in custody was not under…
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THIS was an action of debt, for an escape upon execution. The cause was submitted to the decision of the court upon the following facts: The plaintiff recovered judgment in the superior court in this county against one Benjamin Blake, and sued out execution upon the judgment, upon which execution Blake was arrested, and, being in the custody of the defendant, who is sheriff of this county, escaped ; but the execution upon which Blake was arrested and in custody was not under the seal of the court.
1Per curiam
If the execution upon which B lake was in custody was void, the defendant is not liable for the escape: but if it was only voidable for irregularity, he must be adjudged answerable. Cro. Eliz. im. — 2 Williams' Saunders 101, note 2. — 2 Salkeld 700. — 1 Salkeld 273. — 11 John. 133, Ray & al. vs. Hodgeboom. — 13 John. 378, Scott vs. Shaw. — 13 John. 529, Hinman vs. Brees. The question *140then is, was the execution on which Blake was in custody, void ? We are clearly of opinion that it was. The eonsti-tution of this state declares, that “ all writs, issuing out of •“ the clerk’s office in any of…
2Cases cited3 opinions
- Scott v. ShawNew York Supreme Court · 1816
- Stanton v. HenryNew York Supreme Court · 1814
- Hinman v. BreesNew York Supreme Court · 1816
3Cited by2 opinions
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
- Reynolds v. DamrellSuperior Court of New Hampshire · 1849