Camp v. Allen
Supreme Court of New Jersey
The declaration is in the usual form on a bond for the prison limits, on arrest, by Ca. Sa. The defendants filed six pleas. The third plea is in the following words.
Read the full summary
The declaration is in the usual form on a bond for the prison limits, on arrest, by Ca. Sa. The defendants filed six pleas. The third plea is in the following words. And the said defendants for a further plea in this behalf, by leave of the-court here for that purpose, being first had and obtained as aforesaid, say that the said plaintiff his aforesaid action thereof against them, ought not to have or maintain, because-they say that although true it is-that the said Daniel K. Allen did not keep within the bounds of the prison, limited and prescribed by the judges of the Inferior Court of…
1Opinion of the CourtEwing, C. J.
The demurrer to the third plea is in my opinion well taken. The defendants admit in express terms a breach of the condition of the bond. .They say that Allen did not keep'within the bounds of the prison until discharged by due course of law, and on the contrary, walked out of the same, but for plea and as a bar to the action, they allege that the plaintiff, the sheriff, has not since sustained any damage, nor been obliged to pay any money in consequence thereof. Now the stipulations of the'bond are,-that Allen shall well and truly keep within the bounds of the prison, and not walk off or…
2Cases cited10 opinions
- Kip v. BrighamNew York Supreme Court · 1810
- Kip v. BrighamNew York Supreme Court · 1810
- Smith v. JansenNew York Supreme Court · 1811
- Douglass v. ClarkNew York Supreme Court · 1817
- Love v. PalmerNew York Supreme Court · 1810
5 more not listed; retrieve them via the Exa API.