Slasson v. Brown
Massachusetts Supreme Judicial Court
Debt on a bond, dated February 4, 1837, given by Brown and the other defendants to the plaintiff, a citizen of the State of New York, conditioned that Brown, who had been committed on that day to the prison in Lenox, on an execution against him in favor of the plaintiff, would not go without the exterior limits of the prison until he should be lawfully discharged.
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Debt on a bond, dated February 4, 1837, given by Brown and the other defendants to the plaintiff, a citizen of the State of New York, conditioned that Brown, who had been committed on that day to the prison in Lenox, on an execution against him in favor of the plaintiff, would not go without the exterior limits of the prison until he should be lawfully discharged. The cause was tried before Dewey J. It was admitted, that on March 9, 1837, Brown took the floor debtor’s oath, as prescribed by the Revised Statutes, and went without the limits of the prison. The plaintiff introduced the citation…
1Opinion of the Court
Dewey J.
delivered the opinion of the Court. This is an action of debt on a prison bond, the condition of which was. that William Brown would not go without the exterior limits of the prison until he should be lawfully discharged. It is admit*438ted that he did go without the prison limits, but, as is claimed by the defendants, with legal right so to do, he having been discharged from his imprisonment in .due course of law. To sustain this defence, the defendants rely upon the certificate of two magistrates, being justices of the peace and of the quorum, who certify in the form prescribed by the…
2Cases cited2 opinions
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
- Little v. HaseyMassachusetts Supreme Judicial Court · 1815