Legal Opinion
Noble v. Smith
New York Supreme Court
Decided February 15, 1810PublishedCited by 3 opinions
THE sheriff of Albany, had been served with a ha-teas corpus ad testificandum, to bring up one J. S. in his custody, on a ca. sa. to testify in this cause. The sheriff J 7 returned that he had the body of the said J. S. in execution, and could not, therefore, return him, as required hv til p wri t oy tne Wilt.
1Per curiam
It is settled, that it is not an escape for a sheriff to bring up, on a hab. corp. ad test, a prisoner, in his custody on execution in a civil suit, to testify. (3 Esp. Cases, 283. 3 Burr. 1440. 4 East, 587.) The sheriff is bound to bring up the prisoner in such case, on the party who sues out the writ, tendering to him his expenses for bringing up and returning the prisoner.
2Cited by3 opinions
- Wilckens v. WilletNew York Court of Appeals · 1864
- Wilckens v. WilletNew York Court of Appeals · 1864
- Otto v. Franklin's, Inc.Appellate Terms of the Supreme Court of New York · 1915