King against Sir Eusebie Andrews, late Sheriff of the County of Northampton
Jurisdiction | England & Wales |
Judgment Date | 01 January 1791 |
Date | 01 January 1791 |
Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 325
IN THE KING'S BENCH.
ORO.JAC381. MICHAELMAS TERK, 13 JAC. 1. IN B. R. 325 case 8. king against sir eusebie andrews, late Sheriff of the County of Northampton. Trinity Term, 12 Jac. 1. Roll 1371. In an action for an escape, if a verdict be found that a former sheriff made the arrest,, and not the defendant, yet if it appear that the prisoner was legally in custody, the plaintiff shall have judgment. 1 Sid. 5. 335. 3 Co. 71. Popham 85. Cro. Eliz. 33. 365. 884. 2 Leon. 54. Hard. 30. 33. 1 Strange, 595. Action upon the case, for suffering one Burdet to escape, who was indebted to him in seventy-one pounds, and arrested by virtue of a lalitat sued by him, intending, upon his appearance and bail given, to declare for that debt; where he was arrested by Sir John Iseham the former sheriff, and left in prison, the defendant suffered him to go at large without finding sureties for his appearance. Upon not guilty pleaded, all this matter was found by verdict, that the said Sir John laeham arrested him, and at the day, &c. returned languidus, &e. and afterward, m exitu ab qfficio suo, delivered him to the defendant as a prisoner for this cause, and the defendant suffered him to go at large. And, without argument, it was adjudged...
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