AMERICAN SURETY CO. OF NEW YORK v. VAN GILDER

No. 8579.

115 F.2d 200 (1940)

AMERICAN SURETY CO. OF NEW YORK v. VAN GILDER.

Circuit Court of Appeals, Sixth Circuit.

November 6, 1940.


Attorney(s) appearing for the Case

Clayton F. Jennings, of Lansing, Mich. (Shields, Ballard, Jennings & Taber, of Lansing, Mich., on the brief), for appellant.

Russell A. Searl, of Lansing, Mich. (Plummer Snyder, Russell A. Searl, and Marshall, Searl & Dean, all of Lansing, Mich., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.


SIMONS, Circuit Judge.

This appeal, as that in Optner v. Bolger, 6 Cir., 95 F.2d 241, involves the consequences under Michigan statute law of an escape from the jail limits of a judgment debtor released from the custody of a sheriff under a jail limits bond. As in the Optner case, the problem is one of first impression.

The plaintiff and appellee is the judgment creditor of one Sturgis, who was taken into custody under an...

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