Washburn v. Belknap
Supreme Court of Connecticut
in ERROR. THIS was an action of book-debt, brought by Washburn, who was keeper of the gaol, and master of the work-house, of Hartford county, against Belknap, for the defendant’s board, from March 7th, to August 26th, 1820. The cause was tried, on the general issue, before the city court of the city of Hartford.
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in ERROR. THIS was an action of book-debt, brought by Washburn, who was keeper of the gaol, and master of the work-house, of Hartford county, against Belknap, for the defendant’s board, from March 7th, to August 26th, 1820. The cause was tried, on the general issue, before the city court of the city of Hartford. On the 9th of March, 1820, the defendant was committed to the gaol of Hartford county, as a work-house, or house of correction, by Azor Hatch, a constable of the town of Hartford, acting under the authority of the following warrant or mittimus: “To the keeper of the gaol in Hartford,…
1Opinion of the Court
Hosmer, Ch. J.
The sentence of the justice for the imprisonment of Belknap, u until he be released by order of law,” was erroneous. It should have been for a definite time, or at least, until the term of the next county court, then to be discharged or not, as by the court should be adjudged proper. Rex v. Hall, 3 Burr. 1636. The King v. Rhodes, 4 Term Rep. 220. Yates v. The People, in err. 6 Johns. Rep. 338. 506. The statute, it is true, directs the subjects of it to be imprisoned, “ until released by order oflaw but this merely intends, until the time of imprisonment has expired ; and this…
2Cited by5 opinions
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- Gross v. RiceSupreme Judicial Court of Maine · 1880