Ely v. Parsons
Supreme Court of Connecticut
THIS was an action against Enoch Parsons, Esq. sheriff of the county of Middlesex, for the escape of Josiah Williams from the limits of the prison. Williams, at the time of service of the writ, was standing on the steps of Nehemiah Hubbard’s store, on the west side of Main street, in the city of Middletown.
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THIS was an action against Enoch Parsons, Esq. sheriff of the county of Middlesex, for the escape of Josiah Williams from the limits of the prison. Williams, at the time of service of the writ, was standing on the steps of Nehemiah Hubbard’s store, on the west side of Main street, in the city of Middletown. The order of court fixing the limits of the prison, was passed in March, 1817, and was, so far as it affects this case, as follows: « The south-east corner of Mr. Plumbe’s store, thence northerly, by the west line of Main street, as far as Washington street; thence easterly, across the…
1Opinion of the Court
Swift, Ch. J»
I am of opinion, that the order of the county court establishing the liberties of the prison in Mid-dletown, is to be construed to extend to the practical line of the street, as it was used and travelled at the time of making the order, and so as to comprehend the whole of the street or highway between the houses, within the limits mentioned. Such was manifestly their intent. This w'ould establish well known, definite boundaries. It cannot be presumed, that the order referred to a survey, which had not been regarded in practice, and which would exclude part of the open street,…
2Cited by1 opinion
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