Palmer v. Sawtell
Supreme Judicial Court of Maine
This was an action of debt against the late sheriff of Somerset, for the voluntary escape of a debtor committed in execution.
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This was an action of debt against the late sheriff of Somerset, for the voluntary escape of a debtor committed in execution. It appeared from the plea in bar that the debtor was liberated from close custody, on giving a bond duly approved, with sufficient sureties, conditioned, according to the form of the statute then in force, that he should continue a true prisoner in the custody of the gaoler, and within the limits of the prison, without committing any manner of escape, until he should be lawfully discharged, &c. which condition he had broken. To this the plaintiff demurred. argued from…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court.
Since the time when the bond in this case was given, the laws in relation to debtors in execution, and to the nature and degree of the indulgences granted to them on giving bond for the liberties of the prison, have undergone several important changes; and all these changes have been made in favor of debtors. As this spirit of liberality towards them has increased, changes have also been made in the condition of the bond required to be given to obtain the liberties of the prison. In the statute of Massachusetts of 1811, ch. 85, the condition of…
2Cases cited2 opinions
- Call v. HaggerMassachusetts Supreme Judicial Court · 1812
- Cargill v. TaylorMassachusetts Supreme Judicial Court · 1813