Legal Opinion

Chase v. Fish

Supreme Judicial Court of Maine

Decided July 15, 1839PublishedCited by 4 opinions

The action, commenced April 30,1836, was debt upon a bond dated Jan. 2, 1836, given by Fish as principal, and the other defendant as surety, to procure the liberation of Fish from prison, conditioned that be should continue a true prisoner, within the limits of the jail yard, until lawfully discharged, and to surrender himself, and go into close confinement in nine months and three days, unless sooner lawfully discharged.

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The action, commenced April 30,1836, was debt upon a bond dated Jan. 2, 1836, given by Fish as principal, and the other defendant as surety, to procure the liberation of Fish from prison, conditioned that be should continue a true prisoner, within the limits of the jail yard, until lawfully discharged, and to surrender himself, and go into close confinement in nine months and three days, unless sooner lawfully discharged. The general issue was pleaded, and a brief statement filed, alleging that the bond was obtained by duress.' Before the arrest of Fish upon the execution, he had been elected…

1Opinion of the Court

The opinion of the Court was drawn up by

Weston C. J.

This is an action of debt on bond. The defendants have pleaded the general issue, under which by virtue of the stat. 1831, c. 514, they are entitled to give any special matter in evidence, upon filing in the cause a brief statement of such special matter. Under this statute, the defendants have filed a brief statement, assigning duress as a special ground of defence. As this is a substitute for special pleading, the defendants have the same rights, and no more, as they would have had, if before the statute, under leave to plead double, they…

2Cases cited1 opinion

  1. Carle v. DelesdernierSupreme Judicial Court of Maine · 1836

3Cited by4 opinions

  1. State ex rel. Isenring v. PolacheckWisconsin Supreme Court · 1898
  2. In Re EmmettCalifornia Court of Appeal · 1932
  3. Bennett v. AhrensCourt of Appeals for the Seventh Circuit · 1932
  4. Brower v. TatroMichigan Supreme Court · 1897

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