Riley v. Whittiker
Supreme Court of New Hampshire
Debt on bond. The condition of the bond is as follows, viz : “The condition of this obligation is such that whereas one Elbridge G. Beers, by order of the supreme judicial court, held at said Newport on the fourth Tuesday of January, A. D. 1867, (in a prosecution for bastardy, in which said town of Plainfield is complainant, and the said Beers is respondent), has been committed to the jail in said county, now if the said town of Plainfield shall pay the prison charges…
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Debt on bond. The condition of the bond is as follows, viz : “The condition of this obligation is such that whereas one Elbridge G. Beers, by order of the supreme judicial court, held at said Newport on the fourth Tuesday of January, A. D. 1867, (in a prosecution for bastardy, in which said town of Plainfield is complainant, and the said Beers is respondent), has been committed to the jail in said county, now if the said town of Plainfield shall pay the prison charges against the said Beers, in case of his inability to pay the same then this obligation shall be void.” The county jail in said…
1Opinion of the CourtSargent, J.
There is a broad distinction between an arrest on final process and on mesne process.
This difference arises from the different nature of the object to be attained, of the command in the precept, and of the duty to be performed by the officer in the two cases.
On mesne process the officer is to arrest the body of the defendant and have him before the court at the return day of the writ, and if he do this, it is sufficient, no matter if there be an escape of the prisoner, and it is held to be immaterial whether the escape be voluntary or negligent on the part of the officer; in either case the…
2Cases cited12 opinions
- Kellogg v. GilbertNew York Supreme Court · 1813
- Bartlett v. WillisMassachusetts Supreme Judicial Court · 1807
- Freeman v. DavisMassachusetts Supreme Judicial Court · 1810
- Colby v. SampsonMassachusetts Supreme Judicial Court · 1809
- M'Lellan v. DaltonMassachusetts Supreme Judicial Court · 1813
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Henderson v. DudleySupreme Court of Arkansas · 1978
- Henderson v. DudleySupreme Court of Arkansas · 1978
- McKnight v. NH DOCDistrict Court, D. New Hampshire · 2006