Clap v. Cofran
Massachusetts Supreme Judicial Court
This was an action of debt upon bond. The plaintiff, having recovered judgment against one Jonathan Nutting, for 578 dollars 65 cents damage, and 15 dollars and 97 cents, costs of suit, sued out her execution on that judgment, on which Nutting was arrested and committed a prisoner in the county jail at Cambridge.
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This was an action of debt upon bond. The plaintiff, having recovered judgment against one Jonathan Nutting, for 578 dollars 65 cents damage, and 15 dollars and 97 cents, costs of suit, sued out her execution on that judgment, on which Nutting was arrested and committed a prisoner in the county jail at Cambridge. While thus a prisoner, and to obtain the liberty of the yard, Nutting, as principal, and the defendant, and one Jesse Brown, as his sureties, jointly and severally executed to the plaintiff the bond declared on in this action, in the penal sum of 1189 dollars, with a condition in due…
1Opinion of the CourtParsons, C. J.
The action is debt on a bond, given by Nuttmg, the debtor in execution, and by Brown and the defendant, his sureties, to obtain for Nutting the liberty of the prison-yard. There are three several pleas. 1. Non est factum, on which it is agreed a verdict was rightly found against the defendant. 2. A plea in bar, that the bond was void, the penalty of the bond not being double the sum for which Nutting was imprisoned. To this plea there is a demurrer and joinder. And the plea must be adjudged *bad, unless by law a bond of this description [ * 101 ] is prohibited or declared void.
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2Cited by26 opinions
- Bauer v. CabanneSupreme Court of Missouri · 1891
- Waldo v. SpencerSupreme Court of Connecticut · 1821
- Brown v. GetchellMassachusetts Supreme Judicial Court · 1814
- M'Lellan v. DaltonMassachusetts Supreme Judicial Court · 1813
- Porter's Ex'rs v. DanielsWest Virginia Supreme Court · 1877
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