Tillman v. Lansing
New York Supreme Court
THIS was an action of debt, for a voluntary escape. The cause was tried at the Albany circuit, in April, 1808, when a verdict was found for the plaintiff, subject to the opinion of the court, on the following case. In May term, 1807, the plaintiff obtained a judgment in this court, against Joseph B. Comstock and Samuel Comstock, for 200 dollars, debt, and 8 dollars and 88 cents, costs.
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THIS was an action of debt, for a voluntary escape. The cause was tried at the Albany circuit, in April, 1808, when a verdict was found for the plaintiff, subject to the opinion of the court, on the following case. In May term, 1807, the plaintiff obtained a judgment in this court, against Joseph B. Comstock and Samuel Comstock, for 200 dollars, debt, and 8 dollars and 88 cents, costs. On the 11th May, a ca. sa. was issued against them upon the judgment, returnable in August following, on which they were taken by the sheriff of Rensselaer county, and held in his custody. The prisoners gave…
1Opinion of the CourtThompson, J.
The general principles of law applicable to escapes are well settled ; and if the present case was to be decided, independently of our statute relative to gaol-liberties, little difficulty would be presented. It is not to be denied, that fresh pursuit and recaption before action brought, is a good defence against a negligent escape ; and a voluntary return of the prisoner, , before action commenced, will also purge an escape of this description. (Impey's Shff. 181, 188. Stra. 423.) It is equally well settled, that there can be no recaption *48after a voluntary escape, and that nothing will purge…
2Cited by17 opinions
- Hynes v. . McDermottNew York Court of Appeals · 1883
- Teter v. TeterIndiana Supreme Court · 1885
- Woart v. WinnickSuperior Court of New Hampshire · 1826
- Shepherd v. . the PeopleNew York Court of Appeals · 1862
- Larkin v. AverySupreme Court of Connecticut · 1854
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