Judges: WHITLOCK, J.
Filed: Jul. 05, 1793
Latest Update: Mar. 02, 2020
Summary: Jermyn moved in arrest of judgment, because by the very delivery of the writ to the undersheriff, the party, being present, was immediately in the custody of the sheriff. Therefore an action lies against the sheriff himself, for an escape, and not against the undersheriff. Ashley, Serj., e contra . It is true that an action lies against the sheriff only for an escape. But here the suit is upon the fraud and falsity of the undersheriff, which is personal to him. I have a precedent of a similar ac
Summary: Jermyn moved in arrest of judgment, because by the very delivery of the writ to the undersheriff, the party, being present, was immediately in the custody of the sheriff. Therefore an action lies against the sheriff himself, for an escape, and not against the undersheriff. Ashley, Serj., e contra . It is true that an action lies against the sheriff only for an escape. But here the suit is upon the fraud and falsity of the undersheriff, which is personal to him. I have a precedent of a similar act..
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The sheriff and not the undersheriff shall be charged, for it is a misdemeanor in office, and the sheriff is the only officer of this court.Adjournatur.
