Legal Opinion · Dissent

Lockwood v. Jones

Supreme Court of Connecticut

Decided June 15, 1829Published

IN ERROR. This was an action of scire-facias, stating the following case. Horatio Lockwood, the present plaintiff, brought ah action of debt on book against Lewis S. Lockwood, to the county court of Fairfield county, held in February, 1822, which, by continuances, came before the same court, in February, 1823 ; at which court he recovered judgment in such action against the defendant therein ; who appealed the cause to the superior court, held at Danbury, on the fourth…

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IN ERROR. This was an action of scire-facias, stating the following case. Horatio Lockwood, the present plaintiff, brought ah action of debt on book against Lewis S. Lockwood, to the county court of Fairfield county, held in February, 1822, which, by continuances, came before the same court, in February, 1823 ; at which court he recovered judgment in such action against the defendant therein ; who appealed the cause to the superior court, held at Danbury, on the fourth Tuesday of September, 1823 ; and on such appeal, Enos Jones, the present defendant, entered into a recognizance, in the sum…

1DissentDaggett, J.

The only question is, whether the recognizance entered into by the defendant, is discharged by the first judgment of the superior court; and manifestly, that must de*444pend on the decision of another question, viz. whether the juc[gment of the superior court rendered in September, 1824, in the case of Horatio Lockwood v. Lewis S. Lockwood, was a final judgment. I shall attempt to shew, that it was ; and that the recognizance was thereby discharged.

Here I would premise, that it is a principle well established, that “ bail is highlyfavoured in law, and statutes for their saving should be liberally…

2Cases cited6 opinions

  1. Magill v. LymanSupreme Court of Connecticut · 1825
  2. Commonwealth v. HumphriesMassachusetts Supreme Judicial Court · 1810
  3. Clap v. BellMassachusetts Supreme Judicial Court · 1808
  4. Swett v. SullivanMassachusetts Supreme Judicial Court · 1811
  5. Butler v. BisselConnecticut Superior Court · 1785

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