Little v. President of Newburyport Bank
Massachusetts Supreme Judicial Court
This suit was brought by the plaintiff, to obtain relief from imprisonment upon an execution, which issued upon a judgment obtained by the defendants against the plaintiff in this Court, N ovem ber term, 1814, for 5723 dollars 15 cents debt, and 29 dollars 8 cents costs; upon which execution the plaintiff was arrested on the 4th of March, 1815, the execution being returnable to this Court at the succeeding April term.
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This suit was brought by the plaintiff, to obtain relief from imprisonment upon an execution, which issued upon a judgment obtained by the defendants against the plaintiff in this Court, N ovem ber term, 1814, for 5723 dollars 15 cents debt, and 29 dollars 8 cents costs; upon which execution the plaintiff was arrested on the 4th of March, 1815, the execution being returnable to this Court at the succeeding April term. The plaintiff avers that the defendants, after the arrest on the same 4th of March, discharged him, and consented that he should go at large; and afterwards, on the 11th of the…
1Opinion of the CourtParker, C. J.
The only question presented in this case is, whether the direction of the judge to the jury was right; that if the enlargement from prison was procured by the plaintiff for his accommodation, upon an agreement to return upon the event of his sureties’ choosing to surrender him, instead of paying the note they had given for him, and that, if he did voluntarily surrender himself, pursuant to that agreement, he was not entitled to relief under this process.
We are entirely satisfied that this direction was right, and that it is not shown to be otherwise by any of the authorities which have been…
2Cases cited1 opinion
- Brown v. GetchellMassachusetts Supreme Judicial Court · 1814
3Cited by12 opinions
- Rockhill v. HannaSupreme Court of the United States · 1854
- State v. RichardsonSupreme Court of Alabama · 1850
- Gould v. GouldSuperior Court of New Hampshire · 1827
- State v. BlundellSupreme Court of New Jersey · 1877
- Abbott v. OsgoodSupreme Court of New Hampshire · 1859
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