Legal Opinion

Follansbee v. Bird

Massachusetts Supreme Judicial Court

Decided October 15, 1851PublishedCited by 1 opinion

This was an action of debt on a bond for the prison limits, .executed on the 19th of July, 1850, by Tristram Bird, as principal, and Horatio N. Perkins, as surety, conditioned as required by the Rev. Sts. c. 97, § 63, that the said Bird, who had been committed on an execution that issued on a judgment recovered against him by Follansbee, the present plaintiff, would not go without the exterior limits of the jail in Cambridge, until he should be lawfully discharged; and that…

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This was an action of debt on a bond for the prison limits, .executed on the 19th of July, 1850, by Tristram Bird, as principal, and Horatio N. Perkins, as surety, conditioned as required by the Rev. Sts. c. 97, § 63, that the said Bird, who had been committed on an execution that issued on a judgment recovered against him by Follansbee, the present plaintiff, would not go without the exterior limits of the jail in Cambridge, until he should be lawfully discharged; and that if he should not be lawfully discharged within ninety days from the day of his commitment, he would surrender himself to…

1Opinion of the CourtMetcalf, J.

The sole ground on which the plaintifl attempts to support this action is, that Cochran was the creditor on whom the citation should have been served, before the poor debtors’ oath could be lawfully administered to Bird, the judgment debtor; and therefore that Bird was not law fully discharged, and consequently has broken the condition of his bond, by not surrendering himself to the jailer, within ninety days from the day of his commitment.

The question, whether this ground can be maintained, turns upon the construction of the statutes concerning poor debtors. The Rev. Sts. c. 98, §§ 2, 3, and…

2Cases cited1 opinion

  1. Colbourn v. RossiterSupreme Court of Connecticut · 1818

3Cited by1 opinion

  1. Stone v. PeopleIllinois Supreme Court · 1840

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