M'Lellan v. Dalton
Massachusetts Supreme Judicial Court
Debt upon a bond conditioned that the defendant, Dalton, a prisoner in execution, at the suit of the plaintiffs, should continue a true prisoner, &c.
Read the full summary
Debt upon a bond conditioned that the defendant, Dalton, a prisoner in execution, at the suit of the plaintiffs, should continue a true prisoner, &c. After oyer of the bond and its condition, the defendants pleaded that Dalton did continue a true prisoner in the custody of the jailer, &c., and without committing any manner of escape; to which the plaintiffs replied that he did, on the 2d of January, 1810, and in the night-time of said day, escape from the custody of the jailer, and from the limits of the jail; upon which issue was joined. The trial of this issue was had September term, 1811,…
1Opinion of the CourtSewall, J.
An issue having been joined in this case upon the fact of an escape committed by the defendant, Dalton, the evidence at the trial of this issue was, that the prisoner had been seen in the night-time without the prison-house, but in the yard adjoining thereto, which is enclosed with a picket fence. Within this yard, he passed from the door of the prison to the door of the jailer’s house. There was also evidence that the only necessary provided for the prisoners is without the prison-house, and within the same enclosure; from which the jury may be supposed to have presumed Dalton to have been…
2Cases cited3 opinions
- Clap v. CofranMassachusetts Supreme Judicial Court · 1810
- Bartlett v. WillisMassachusetts Supreme Judicial Court · 1807
- Freeman v. DavisMassachusetts Supreme Judicial Court · 1810
3Cited by11 opinions
- Banorgee v. HoveyMassachusetts Supreme Judicial Court · 1809
- Porter v. Androscoggin & Kennebec Rail RoadSupreme Judicial Court of Maine · 1853
- Steere v. FieldU.S. Circuit Court for the District of Rhode Island · 1822
- Riley v. WhittikerSupreme Court of New Hampshire · 1869
- Boston & Colorado Smelting Co. v. SmithSupreme Court of Rhode Island · 1880
6 more not listed; retrieve them via the Exa API.