Dole v. Moulton
New York Supreme Court
This was an action of debt, on a bond. The defendant craved oyer of the condition of the bond, which was, that if Moulton, then confined in the jail of the county of Rensselaer, in the custody of the plaintiff, as sheriff, on a ca. sa. at the suit of Elisha White, &c. should remain a true and faithful prisoner, within the liberties of the jail, &c.
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This was an action of debt, on a bond. The defendant craved oyer of the condition of the bond, which was, that if Moulton, then confined in the jail of the county of Rensselaer, in the custody of the plaintiff, as sheriff, on a ca. sa. at the suit of Elisha White, &c. should remain a true and faithful prisoner, within the liberties of the jail, &c. They then pleaded, 1. Non est factum; 2. That the defendant did remain a true and faithful prisoner within the liberties, &c. 3. That “ on the 10th July, 1799, at Troy, in the county of Rensselaer, the said Josiah Moulton was walking within the…
1Opinion of the Court
Lansing, Ch. J.
delivered the opinion of the court, to the following effect. Two objections have been taken by the defendants to the validity of the bond ; 1. That the penalty is more than double the amount of the bond; 2. That the condition is not conformable to the terms of the act, because it does not contain the words, “ that the prisoner shall not, at any time or in any wise, escape or go without the limits of the liberties.”
*206As to the first objection, it will be seen that the penalty-does not exceed double the amount of the execution, including the sheriff’s fees for poundage. The act…
2Cited by6 opinions
- Beers v. . ShannonNew York Court of Appeals · 1878
- Steere v. FieldU.S. Circuit Court for the District of Rhode Island · 1822
- Godfry v. VancottNew York Supreme Court · 1816
- Horowitz v. OlenickAppellate Division of the Supreme Court of the State of New York · 1901
- Eldridge v. BushSuperior Court of New Hampshire · 1809
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