Richards v. Morse
Supreme Judicial Court of Maine
On Facts agreed. Debt, on a bond given by Joseph Morse, the principal, for release from imprisonment on mesne process, in an action of tort, in accordance with § 17, c. 148, R. S. Judgment was rendered in that action against Morse, which has never been paid, nor did he within the time set forth in the condition of the bond, cite the creditor, or make any disclosure. The case was submitted to the Court for a legal decision.
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On Facts agreed. Debt, on a bond given by Joseph Morse, the principal, for release from imprisonment on mesne process, in an action of tort, in accordance with § 17, c. 148, R. S. Judgment was rendered in that action against Morse, which has never been paid, nor did he within the time set forth in the condition of the bond, cite the creditor, or make any disclosure. The case was submitted to the Court for a legal decision. The bond is such as is authorized, when the arrest is made on mense process founded on contract, under provisions of § 2, c. 148, R. S. The action on which this bond was…
1Opinion of the Court
Rice, J. —
This is debt on a bond given under the provisions of § 17, c. 148, by Joseph Morse, to the plaintiff, to procure his release from imprisonment, he having been arrest*242ed on mesne process in an action of crim. con. commenced against him by the plaintiff.
The defendant contends that this is not a statute bond, and that the action cannot be maintained; that he, having been arrested on mesne process in an action of tort, the only bond authorized by the statute is prescribed "by § 95, of c. 114, and should run to the sheriff, with the condition, that the defendant should appear and answer…
2Cited by2 opinions
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- Zimmer v. ThompsonIllinois Supreme Court · 1919