Legal Opinion

Morrow v. Parkman

Supreme Court of Alabama

Decided June 15, 1848PublishedCited by 3 opinions

Error to the Circuit Court of Dallas. Before the Hon. N. Cook. Debt, by the plaintiffs in error, on a prison bounds bond, executed by the defendants in error, and one Thomas J. Frow. Breach assigned, the escape of defendant Parkman. The defendants pleaded twelve pleas.

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Error to the Circuit Court of Dallas. Before the Hon. N. Cook. Debt, by the plaintiffs in error, on a prison bounds bond, executed by the defendants in error, and one Thomas J. Frow. Breach assigned, the escape of defendant Parkman. The defendants pleaded twelve pleas. The first, third, sixth, and twelfth, plea, alledge in substance, that the defendant Parkman, surrendered himself to the sheriff of Dallas county, previous to a breach of the bond, with the intent to perform the condition, and discharge his sureties. 2. That Parkman continued a true prisoner, in custody of the keeper of the…

1Opinion of the CourtCollier, C. J.

The first, third, sixth, and twelfth pleas substantially alledge, that the defendant, Parkman, surrendered himself to the sheriff of Dallas, previous to the breach of the bond declared on, within sixty days after its execution, with the intention bona fide of performing the condition, and discharging his sureties. These facts constitute an available defence to the action, and a plea which sets them out, in proper manner, must be good. Morrow & Nelson v. Weaver & Frow, 8 Ala. Rep. 288.

It is alledged in the second plea, that Parkman continued a prisoner within the prison bounds as established…

2Cases cited3 opinions

  1. Morrow v. WeaverSupreme Court of Alabama · 1845
  2. Commonwealth ex rel. Carswell v. GowerCourt of Appeals of Kentucky · 1823
  3. Read v. CisneyCourt of Appeals of Kentucky · 1823

3Cited by3 opinions

  1. Butler v. HughesSupreme Court of Alabama · 1956
  2. Cotten v. BradleySupreme Court of Alabama · 1863
  3. Quarles v. WaldronSupreme Court of Alabama · 1852

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