Merchant v. Mason

New York Supreme Court

Merchant v. Mason

2 Wend. 601

DecidedMay 15, 1829

StatusPublished

This text of 2 Wend. 601 (Merchant v. Mason) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Merchant v. Mason, 2 Wend. 601 (N.Y. Super. Ct. 1829).

Pincite

Opinion

By the Court, Marcy, J.

The statute allows to the sheriff, or his officer, 37a cents for receiving a prisoner into custody, and a like sum for discharging him from custody. The latter sum cannot be exacted for granting the liberties of the jail. Suffering a defendant to go at large on giving a bond for the limits, is not the discharge contemplated by law ; for though the defendant has the liberties of the limits, he is still a prisoner. The judgment, therefore, must be affirmed.

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By the Court, Marcy, J.

The statute allows to the sheriff, or his officer, 37a cents for receiving a prisoner into custody, and a like sum for discharging him from custody. The latter sum cannot be exacted for granting the liberties of the jail. Suffering a defendant to go at large on giving a bond for the limits, is not the discharge contemplated by law ; for though the defendant has the liberties of the limits, he is still a prisoner. The judgment, therefore, must be affirmed.

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Bluebook (online)

2 Wend. 601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merchant-v-mason-nysupct-1829.