Seymour v. Harvey
Supreme Court of Connecticut
This was an action on a bond, executed by Warham Harvey, as principal, and John Adam, as surety, to Ozias Seymour Esq., sheriff of Litchfield county ; the condition of which bond was, that said Harvey being confined in Litchfield county gaol, by virtue of an execution, amounting to 63 dollars, 16 cents, in favour of James C. Wadsworth against him, should keep himself within said prison, and not depart therefrom, until lawfully released.
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This was an action on a bond, executed by Warham Harvey, as principal, and John Adam, as surety, to Ozias Seymour Esq., sheriff of Litchfield county ; the condition of which bond was, that said Harvey being confined in Litchfield county gaol, by virtue of an execution, amounting to 63 dollars, 16 cents, in favour of James C. Wadsworth against him, should keep himself within said prison, and not depart therefrom, until lawfully released. The defendant set out the bond and condition, and pleaded performance generally. The plaintiff, in his replication, assigned, as a breach, the escape of…
1Opinion of the CourtBissell, J.
The only question in the court below, was, whether Harvey, one of the defendants, had a license from the creditor in the execution to depart from the prison liberties.
It is contended, on the part of the defendants, that the paper offered and read in evidence, amounts to such license ; and if this claim be well founded, it becomes unnecessary to consider the other questions raised in the case. But we are satisfied, that the writing in question did not give Harvey an unqualifi*280ed license to depart the prison. It was not directed to him ; but to the gaoler: and it authorized him to permit Harvey…
2Cases cited5 opinions
- Wheeler v. WalkerSupreme Court of Connecticut · 1817
- Coit v. TracySupreme Court of Connecticut · 1831
- Barnwell v. MitchellSupreme Court of Connecticut · 1819
- Beach v. SwiftSupreme Court of Connecticut · 1817
- Lloyd v. HollySupreme Court of Connecticut · 1831
3Cited by2 opinions
- State v. HicksSupreme Court of Connecticut · 1975
- Texas & Pacific Railway Co. v. BarronCourt of Appeals of Texas · 1893