151 Misc. 159 | N.Y. Sup. Ct. | 1934
This is an action against the sheriff of Kings county for damages claimed to have been sustained by reason of the escape of John J. MacDonald, a civil prisoner, who had been held in custody under a body execution.
The material facts are undisputed. The plaintiff, in an action against MacDonald, had secured an order directing the sheriff to arrest MacDonald and to hold him in bail in the sum of $2,000. MacDonald was thereafter arrested, but was released upon furnishing the required bail. The action was prosecuted to judgment in the plaintiff’s favor in the sum of $5,178.16, and after an execution against his person had been issued MacDonald surrendered himself, to the defendant sheriff in exoneration of bail. His surrender was accepted and he was committed to the civil prison. He then applied to this court to be released. The application was denied. Upon reargument the plaintiff’s attorney requested an adjournment. The adjournment was granted by an order which included a provision directing the defendant to release MacDonald on parole in the custody of bis attorney until the further order of the court. Pursuant to this order MacDonald was turned over to his attorney’s custody.
There will be judgment for the defendant dismissing the complaint on the merits.