Judd v. Fulton
New York Supreme Court
This suit was brought against the defendant to recover for the alledged escape from the jail limits, of one Eli Hubbard, confined on an execution issued by a justice of the peace. Hubbard was committed on the 26th of August, 1847. On the 25th of September he made the affidavit required by the statute, (2 R. S. 252, § 152,) which was afterwards filed in the Greene county cleric’s office.
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This suit was brought against the defendant to recover for the alledged escape from the jail limits, of one Eli Hubbard, confined on an execution issued by a justice of the peace. Hubbard was committed on the 26th of August, 1847. On the 25th of September he made the affidavit required by the statute, (2 R. S. 252, § 152,) which was afterwards filed in the Greene county cleric’s office. By the jurat of this affidavit it appeared that the affidavit was sworn to on the 26th of September, which was on Sunday. But it was shown that this was a mistake in dating the jurat, and that the affidavit…
1Opinion of the Court
By the Court, Parker, J.
The defendant was authorized to discharge Eli Hubbard from imprisonment on his making the requisite affidavit, after he had remained in' prison thirty days. The language of the statute is “ after he shall have remained in prison thirty days.” (2 R. S. 252.) Hubbard was committed to the custody of the defendant on the 26th of August." On the 25th of September he made the affidavit and was discharged. This was the thirtieth day of his imprisonment, excluding the day of his commitment. The rule is well settled that in computing time the first day, or the day when the time…
2Cases cited2 opinions
- Cornell v. MoultonNew York Supreme Court · 1846
- Small v. EdrickNew York Supreme Court · 1830
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