Wallace v. Carlisle
Supreme Judicial Court of Maine
Debt on a bond, dated April 18, 1837, given by the defendants to the plaintiff, to procure the liberation of Carlisle from arrest on an execution in favor of the plaintiff against Carlisle, issued on a judgment recovered at the March Term of the C. C. Pleas, 1834, for $36,73, damage, and $10,24, costs.
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Debt on a bond, dated April 18, 1837, given by the defendants to the plaintiff, to procure the liberation of Carlisle from arrest on an execution in favor of the plaintiff against Carlisle, issued on a judgment recovered at the March Term of the C. C. Pleas, 1834, for $36,73, damage, and $10,24, costs. That action was commenced in 1833. The debt on which the judgment was recovered was contracted in 1821. The condition of the bond, after reciting the execution, judgment, and arrest, was, — “ Now if the said James Carlisle shall in six months from the date of this bond cite the execution…
1Opinion of the Court
The opinion of the Court was by
Emery J.
On the impression which we entertain of the merits of this case, it becomes quite unimportant to settle whether the act of 8th of Feb. 1839, be unconstitutional, though we should be slow in coming to such a conclusion. The present case seems not to come within, the class of cases intended to be affected by that statute. That was intended to be confined to cases arising under the acts of 1835 and 1836, and to bonds rightfully taken under those acts.
We are satisfied that the bond now under consideration was designed to be taken by virtue of the statute of…
2Cited by1 opinion
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