Pulver v. M'Intyre

New York Supreme Court

Pulver v. M'Intyre

13 Johns. 503

DecidedOctober 15, 1816

StatusPublished

This text of 13 Johns. 503 (Pulver v. M'Intyre) 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

Pulver v. M'Intyre, 13 Johns. 503 (N.Y. Super. Ct. 1816).

Pincite

Opinion

Per Curiam.

The judgment must be reversed. The constable permitting the defendant to go at large for nine days was a Voluntary escape, and the plaintiff’s cause of action accrued immediately upon the escape. Although a constable has thirty ■days in which to serve an execution against the body,' yet, if he does serve it within that time, he has no right to .permit the defendant to go at large;, and his having him in custody at the expiration of the thirty days, will not excuse the escape. The. present action was commenced while Johnson was at large, and before he surrendered himself to the constable, pursuant to hi? agreement.

Judgment reversed.

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Per Curiam.

The judgment must be reversed. The constable permitting the defendant to go at large for nine days was a Voluntary escape, and the plaintiff’s cause of action accrued immediately upon the escape. Although a constable has thirty ■days in which to serve an execution against the body,' yet, if he does serve it within that time, he has no right to .permit the defendant to go at large;, and his having him in custody at the expiration of the thirty days, will not excuse the escape. The. present action was commenced while Johnson was at large, and before he surrendered himself to the constable, pursuant to hi? agreement.

Judgment reversed.

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Bluebook (online)

13 Johns. 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pulver-v-mintyre-nysupct-1816.