Bigelow v. Johnson
Massachusetts Supreme Judicial Court
Scire Facias against the defendants, as bail for one Joseph Dalton. ' The defendants plead in bar, that on, &c., and before the commencement of the present suit, they committed Dalton to the prison in Cambridge, and left a copy of the original writ, &c. with the prison keeper; and afterwards, and within fifteen days from the said commitment, notified the plaintiff thereof, &c.
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Scire Facias against the defendants, as bail for one Joseph Dalton. ' The defendants plead in bar, that on, &c., and before the commencement of the present suit, they committed Dalton to the prison in Cambridge, and left a copy of the original writ, &c. with the prison keeper; and afterwards, and within fifteen days from the said commitment, notified the plaintiff thereof, &c. The plaintiff replies that, before judgment was rendered for him in his original suit, and before notice was given him of the said commitment, Dalton had been apprehended and committed to prison for trial on an…
1Opinion of the Court
* Parker, C. J.
The only question presented by the [ * 219 ] pleadings in this case is, whether the defendants have complied with the statute of 1817, c. 146, by arresting the principal debtor, committing him to prison, and giving the requisite notice to the plaintiff, his creditor. All these facts are averred in the plea in bar; and they are attempted to be avoided in the replication, by averring that Dalton was at that time in prison, on a copias issued in behalf of the commonwealth, for an alleged felony.
Now, this is no answer to the bar; for a man in prison, although for crime, may be…
2Cases cited3 opinions
- Sayward v. ConantMassachusetts Supreme Judicial Court · 1814
- Bignell v. ForrestNew York Supreme Court · 1807
- Cathcart v. CannonNew York Supreme Court · 1799
3Cited by5 opinions
- Champion v. NoyesMassachusetts Supreme Judicial Court · 1807
- In re MineauU.S. Circuit Court for the District of Vermont · 1891
- Steelman v. MattixSupreme Court of New Jersey · 1876
- Turner v. BartlettMassachusetts Supreme Judicial Court · 1872
- Way v. WrightMassachusetts Supreme Judicial Court · 1843