Palmer v. Hatch
This text of 9 Johns. 329 (Palmer v. Hatch) 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.
Opinion
After the deputy had arrested Usher, he voluntarily left him in custody of two of his brothers, in order to go and execute other process. This was leaving the prisoner at large, and was clearly an escape; for the two brothers of the prisoner had no authority, after the deputy had left them, to detain the prisoner. The case of Benton v. Sutton (1 Bos. & Pull. 24.) is directly to this point, and the argument appears to be conclusive.
Judgment for the plaintiff.
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9 Johns. 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-hatch-nysupct-1812.