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2 Tyl. 61

Chipman v. Sawyer

Supreme Court of Vermont

Decided July 15, 1802

Supreme Court of Vermont · decided 1802-07-15

<p>Vide ante, vol. 1. p. 83.</p> <p>The 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. 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.</p>

Decided 1802-07-15

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

¶2The 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.

¶3Judgment for defendant.

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