Patten v. Halsted

Supreme Court of New Jersey

Patten v. Halsted

1 N.J.L. 320

DecidedApril 15, 1795

StatusPublished

This text of 1 N.J.L. 320 (Patten v. Halsted) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Patten v. Halsted, 1 N.J.L. 320 (N.J. 1795).

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Opinion

Per Cur.

Both the objections are unavailable on the present, occasion. The case from Kirby is inapplicable, because grounded on a special act of the legislature, which cannot be extended to this state. Until our own legislature change the common law in this particular, we must adopt it as the rule for our government; and by that the sheriff is answerable for an escape under circumstances like the present.

The judgment also was the best possible proof that could have been produced ; it was conclusive against Freeman, and the sheriff can stand in no better a situation.

Rule discharged.

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Per Cur.

Both the objections are unavailable on the present, occasion. The case from Kirby is inapplicable, because grounded on a special act of the legislature, which cannot be extended to this state. Until our own legislature change the common law in this particular, we must adopt it as the rule for our government; and by that the sheriff is answerable for an escape under circumstances like the present.

The judgment also was the best possible proof that could have been produced ; it was conclusive against Freeman, and the sheriff can stand in no better a situation.

Rule discharged.

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Bluebook (online)

1 N.J.L. 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patten-v-halsted-nj-1795.