Bronson v. Earl
New York Supreme Court
IN ERROR to the Court of Common Pleas of the county of Onondaga. The plaintiffs brought an action of debt against the defendant, as sheriff, for the escape of one James MKellops, from the gaol liberties of the county.
Read the full summary
IN ERROR to the Court of Common Pleas of the county of Onondaga. The plaintiffs brought an action of debt against the defendant, as sheriff, for the escape of one James MKellops, from the gaol liberties of the county. The defendant pleaded nil debet, and gave notice, that if M. did escape, he immediately retook him, on fresh pursuit, and that M. immediately returned into the defendant’s custody, before the suit was commenced ; and filed an affidavit with the plea, that if M. did escape, it was without the consent, privity, or knowledge of the defendant. At the trial in the court below j in…
1Per curiam
The defendant cannot take advantage of the misdirection of the capias, after he has appeared to it and pleaded ; it being a defect in the process, which is clearly amend*62able, (a) (Tidd’s Pr. 91. Stra. 155, 1 Hen. Bl. 222. 8 last’s Rep. 255.) The ground upon which the court below probably gave judgment for the defendant was, that they did not consider the suit to have been actually brought before the prisoner (MKellops)had returned to the limits. The writ, in this case, was actually *made out before the escape, and put into the hands of a third person, to be delivered to the coroner to be…
2Cases cited1 opinion
- Lowry v. LawrenceNew York Supreme Court · 1803
3Cited by9 opinions
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Ross v. LutherNew York Supreme Court · 1825
- Hancock v. RitchieIndiana Supreme Court · 1858
- Hekla Insurance v. SchroederAppellate Court of Illinois · 1881
- Mutual Savings Fund Harmonia v. GunneSupreme Court of New Jersey · 1933
4 more not listed; retrieve them via the Exa API.