Land Finance Corp. v. Jacoby

Judgment in action against a sheriff to recover for an escape, rendered in favor of the defendant dismissing *531the complaint on the merits, and order amending said judgment, affirmed, with costs. We are of opinion that, assuming that the order paroling the individual held by the defendant under a body execution would otherwise have been void because of lack of jurisdiction or of failure to recite jurisdictional facts, the plaintiff, nevertheless, accepted benefits under the order and is deemed to have acquiesced in the terms and conditions of the order and to have consented to it. (Katz v.…