Thayer v. Seavey
Supreme Judicial Court of Maine
This was an action of debt against the defendant as the keeper of the jail in this county, for the escape of certain prisoners who were committed on execution for debt. The prisoners had given bond for the liberty of the jail-yard and had subsequently taken the poor debtor’s oath and been discharged — but the bond had been approved by but one Justice of the Peace and of the quorum.
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This was an action of debt against the defendant as the keeper of the jail in this county, for the escape of certain prisoners who were committed on execution for debt. The prisoners had given bond for the liberty of the jail-yard and had subsequently taken the poor debtor’s oath and been discharged — but the bond had been approved by but one Justice of the Peace and of the quorum. A question was raised as to the sufficiency of the bond, and many others, the facts in regard to which, are not reported, the decision of the cause having been placed by the Court on different grounds. The…
1Opinion of the Court
Mellen C.-J.
delivered the opinion of the Court in Cumberland, at a term holden in August following by adjournment.
Several objections have been urged by the counsel for the defendant, against the right of the plaintifis to maintain this action. Some of them are of a peculiar character, and all of them have presented doubts and difficulties to the minds of one or more of the Court. We have, however, come to the conclusion that one of them is sustained, and must be fatal to the action. To this we shall confine our attention, and upon this we shall place the decision of the cause.
This is an…
2Cases cited12 opinions
- Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Walter v. BaconMassachusetts Supreme Judicial Court · 1812
- Bacon v. CallenderMassachusetts Supreme Judicial Court · 1810
- The IrresistibleSupreme Court of the United States · 1822
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3Cited by8 opinions
- Warren v. Waterville Urban Renewal AuthoritySupreme Judicial Court of Maine · 1967
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- American Railroad Co. v. HernándezSupreme Court of Puerto Rico · 1905
- Rich v. FlandersSupreme Court of New Hampshire · 1859
- State ex rel. Folsom Bros. v. Mayor of New OrleansSupreme Court of Louisiana · 1880
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