Wragg v. Swart
Wragg against Swart and others
Wragg v. Swart, 10 Johns. 93 (N.Y. Sup. Ct. 1813)
Headnotes
Where a^she-person, on a he\vasattendt ™g ^ charged from was held, that thecatTa^besheriffwás not fees, on such service.
Summary
THE defendants, while attending the sittings in the city of IVew-York, the one as a suitor, in a cause to be tried, and the other as a witness, who had been duly subpoenaed, were arrested on a ca. sa. issued on a judgment recovered .against them, at the suit of the plaintiff; and upon application to the Chief Justice, they were discharged from the arrest. Neither the sheriff nor the plaintiff at the time of the arrest, knew that the defendants were thus attending the sittings; and after the defendants were discharged, the sheriff insisted on the plaintiff’s paying his caption fees and poundage on the execution; and the "question as to the plaintiff’s liability to pay those fees was submitted to the court.
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Opinion of the Court
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Per Curiam.
The ca. sa. having been served on the defendants while they were privileged from arrest, such service was irregular, void, and of no effect; and, consequently, the sheriff is not entitled to any fees.
Judgment of nonsuit.
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