
    James McCreery et al., Plaintiffs and Respondents, v. James C. Willet, Sheriff of the City and County of New York, Defendant and Appellant.
    It was decided in this case that, in a suit against the Sheriff in the nature of debt, for escape, insolvency of the debtor is not matter of defense or mitigation of damages.
    Heard, at Special Term, before Bosworth, Ch. J., January, 1860; see the decision reported, 4 Bosw., 643.
    Heard, in General Term, before Bosworth, Ch. J., Barbour and Monell, J. J.,
    April 14, 1862;
    decided, May 10, 1862.
    See the point decided, in the index to this volume, under the title Escape.
   See the appeal reported at length, with the opinion of the Court at General Term, in 23 How. Pr., 129.  