Osgood v. Hutchins
Superior Court of New Hampshire
Debt upon bond, the condition of which was that Hutchins and Knight, two of the obligors, prisoners in the gaol at Exeter, at the suit of the plaintiff, should continue true prisoners, within the limits, until lawfully discharged.
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Debt upon bond, the condition of which was that Hutchins and Knight, two of the obligors, prisoners in the gaol at Exeter, at the suit of the plaintiff, should continue true prisoners, within the limits, until lawfully discharged. The case was submitted upon a statement of facts, from which it appeared, that, on the sixth day of May, A. D. 1833, the said Hutchins and Knight were prisoners, within the limits of said gaol, upon an execution, issued on a judgment recovered by the plaintiff, against them, in an action of trespass. On the said sixth of May the said Hutchins and Knight presented an…
1Opinion of the Court
The opinion of the court was delivered by
Parker, J.
The defendants contend that they are not liable in this action, because there has been no breach of the condition of the bond upon which the action is *378founded, and they rely upon the statute for the ease and relief of poor debtors, and the proceedings which have been had under that statute, to make out their defence.
The debtors, Hutchins and Knight, having been duly committed to prison, and having after the execution of this bond, gone at large, without the limits, the plaintiff will be entitled to recover, in this case, unless those…
2Cited by3 opinions
- The People v. WascherIllinois Supreme Court · 1932
- Peck v. WilsonSuperior Court of New Hampshire · 1844
- Woods v. BlodgettSuperior Court of New Hampshire · 1844