13 Johns. 378 | N.Y. Sup. Ct. | 1816
delivered ..the opinion of the.,courts
" The act, prohibiting the issuing .a ca¿ sa.' (1. N. R. L. 502.) upon 'judgments-rendered, .in- actions wherein'special bail has been filed,: until after’a fi. fa. does not render-a ca. sa. issued , before a fi. fa. void; it is only voidable at the. instance of the - party against whom it is thus issued.- The sheriff certainly in.- !. curred the- risk of liability for an escape on the first ca. sa., for he could not set up, in an action-against him- for an escape, that the ca¿ sa. .had issued!¡regularly the sheriff therefore, gained . -a- perfecttitle to. his-poundage, unaffected by the subsequent discharge of the prisoner." It is ’ no answer to, the' sheriff’s claim