Codman v. Lowell
Supreme Judicial Court of Maine
Debt on a bond dated Oct. 28, 1822, conditioned that the defendant Lowell, who was a debtor committed in execution, should ££ continue a true prisoner within the limits of the gaol-yard, until ££ he shall be lawfully discharged, and shall not depart without ££ the exterior bounds of said gaol-yard, until lawfully discharged “ from said imprisonment, and commit no manner of escape.”
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Debt on a bond dated Oct. 28, 1822, conditioned that the defendant Lowell, who was a debtor committed in execution, should ££ continue a true prisoner within the limits of the gaol-yard, until ££ he shall be lawfully discharged, and shall not depart without ££ the exterior bounds of said gaol-yard, until lawfully discharged “ from said imprisonment, and commit no manner of escape.” The defendants, after oyer, pleaded generally a performance of.the condition; — to which the plaintiff replied that the debtor, ££at a place called Slandish,” in this cohnty, ££ departed without ,{£ the exterior…
1Opinion of the CourtMellen, C. J.
In support of the exceptions taken to the opinions and judgment of, the Court below; two objections have been urged by the counsel for the plaintiff; viz. — 1. That when the supposed order of the Court of Sessions, extending the limits of the prison to the exterior limits of the county, was passed, two of the Justices of said Court (which consists of five) opposed and protested against it; and a third, as the plaintiff offered to prove, was disqualified to sit and give an.opinion on the question, for the reason assigned in the exception ; and that therefore no order was passed; there being on…
2Cases cited1 opinion
- Baxter v. TaberMassachusetts Supreme Judicial Court · 1808
3Cited by1 opinion
- Kruse v. KingsburyMichigan Supreme Court · 1894