Chipman v. Sawyer

Supreme Court of Vermont
Chipman v. Sawyer, 2 Tyl. 61 (Vt. 1802)

Chipman v. Sawyer

Opinion of the Court

• DEBT on escape, claration. Special demurrer to the de-

The demurrer was again argue at this term, and the Court confirmed the opinion of the late Judges by decisions, that nominal plaintiff in ejectment cannot maintain an action against a sheriff for an escape of a defendant committed in his name for the damages and costs recovered in the action of ejectment; and that a sheriff, as keeper of the prison to which is committed a debtor from another County, is not liable for the negligent escape of such debtor.

Judgment for defendant.

Reference

Full Case Name
Darius Chipman, Reviewer, against James Sawyer, Sheriff of Chittenden County, Reviewee
Status
Published