¶1It is settled, that it is not an escape for a sheriff to bring up, on a hab. corp. ad test, a prisoner, in his custody on execution in a civil suit, to testify. (3 Esp. Cases, 283. 3 Burr. 1440. 4 East, 587.) The sheriff is bound to bring up the prisoner in such case, on the party who sues out the writ, tendering to him his expenses for bringing up and returning the prisoner.
5 Johns. 357
Noble v. Smith
Decided February 15, 1810
New York Supreme Court · decided 1810-02-15
THE sheriff of Albany, had been served with a ha-teas corpus ad testificandum, to bring up one J. S. in his custody, on a ca. sa. to testify in this cause. The sheriff J 7 returned that he had the body of the said J. S. in execution, and could not, therefore, return him, as required hv til p wri t oy tne Wilt.
Cited by 2 later decisions — most recently May 1915
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1810-02-15
View the full empirical analysis of this case →