
    Mandell v. Barry, 10 J. R. 563.
    In S. Ct. 9 J. R. 234.
    
      Escape ; Recapture or Voluntary Return ; Sureties.
    
    Action for an escape against sureties for the liberties of the jail.
    The Supreme Court held, that a voluntary return of a prisoner, before suit brought, to the custody of the sheriff, was not a good defence to an action for the escape brought by the ‘assignee of the bond to the sheriff, for the liberties of the prison against the prisoner and his sureties. The Supreme Court held the return not a good defence by the sure-' ties, although it was so for the sheriff.
   The Court of Errors held that it was a good defence for the sureties, as well as the sheriff, in an action for an escape .and reversed the judgment of the Supreme Court.  