Ray v. Hogeboom

Decided October 15, 1814

New York Supreme Court · decided 1814-10-15

IN ERROR, on certiorari, from a justice’s court. Hogeboom sued Ray, who was a constable, and the other defendants, who were his sureties, for the escape of one Tracer, on an execution. It appeared that Ray took Tracer on an execution, at the suit of Hogeboom, and delivered him over to another constable to convey to jail; but neglected to deliver over the execution, whereby Tracer was discharged.

Good law ✅— No negative treatment on recordhow we know

Decided 1814-10-15

How this case has been cited

Cited by 6 later decisions — most recently April 1882

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Spencer, J.

¶1delivered the opinion of the court. The judgment must be reversed. The constable was not bound to notice the fact, that Tracer was protected from arrest; but if he chooses to notice it, or neglects to take a person privileged from, arrest, and can show that he is so privileged, it is a good defence in an action against him. No wrong or injury has feeesa *434done to Hogeboom. He had no right to arrest the body of Tracer; and having no right to do so, he cannot found any action on the neglect to execute his writ.

¶2Judgment reversed.