Littlefield v. Brown
New York Supreme Court
This was an action of debt, against the defendant, sheriff Erie, for the escape of a prisoner from execution. The plaintiff Brown, in August, 1819, obtained a judgment in the common pleas of Erie, against one Hopkins, on which a ca. sa. issued, returnable [in November, 1823, by" virtue whereof, Hopkins was arrested ; and it would seem the deputy who arrested him, suffered a voluntary escape, previous to ¿he return of the ca. sa. but committed the defendant to the liberties…
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This was an action of debt, against the defendant, sheriff Erie, for the escape of a prisoner from execution. The plaintiff Brown, in August, 1819, obtained a judgment in the common pleas of Erie, against one Hopkins, on which a ca. sa. issued, returnable [in November, 1823, by" virtue whereof, Hopkins was arrested ; and it would seem the deputy who arrested him, suffered a voluntary escape, previous to ¿he return of the ca. sa. but committed the defendant to the liberties of the jail at* the return of the execution. In October, 1833, the plaintiff commenced a suit against the sheriff for the…
1Opinion of the Court
By the Court,
Savage, :G. J:
It was contended at the circuit and upon the argument of this case, that the plaintiff having brought a suit for a voluntary escape, had elected to consider Hopkins out of custody; and having done no act to affirm the imprisonment of Hopkins after his commitment to prison, he is now at liberty to consider Hopkins as legally in custody at his suit, when the escape took place for which this suit is prosecuted. The judge at the circuit overruled the defence, and allowed the plaintiff to recover for the amount endorsed on the ca. sa. and interest from the docketing the…
2Cases cited1 opinion
- Rawson v. DoleNew York Supreme Court · 1807
3Cited by21 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Rodermund v. . ClarkNew York Court of Appeals · 1871
- Crossman v. Universal Rubber Co.New York Court of Appeals · 1891
- Lansing v. FleetNew York Supreme Court · 1800
- Brown v. LittlefieldNew York Supreme Court · 1831
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