Richards v. Porter
New York Supreme Court
THIS was an action of trespass on the case, against the late sheriff of Saratoga county, for the escape of one Philip Rykert, who was in custody of the defendant, on mesne process, at the suit of the plaintiffs. The cause was tried at the Saratoga circuit, in May, 1810, before Mr. Justice Van Ness.
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THIS was an action of trespass on the case, against the late sheriff of Saratoga county, for the escape of one Philip Rykert, who was in custody of the defendant, on mesne process, at the suit of the plaintiffs. The cause was tried at the Saratoga circuit, in May, 1810, before Mr. Justice Van Ness. In February, 1807, Daniel Bull, then sheriff of Sara-toga county, arrested Rykert, on a capias ad respondendum, at the suit of the plaintiffs, returnable in May term, 1807. Rykert was detained in custody by Bull, by virtue of the writ, until March, 1807, when Bull was removed from the office of…
1Per curiam
The prisoner Rykert was entitled to his discharge from prison, at any time before the return day of the writ, on giving a bail-bond, with .competent bail; and the defendant, as sheriff, was bound to let him go, on receiving such a bond. (Laws of N. Y. vol. 1. p. 210.) Though the prisoner was turned over to the defendant by the former sheriff, that assignment could not affect his right to be discharged on bail. The defendant was not bound to give notice to the plaintiff of the apt of taking a bail-bond, in any other way than by ah endorsement upon the writ, and that was not delivered to him.…
2Cited by4 opinions
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