Bartlett v. Willis
Massachusetts Supreme Judicial Court
This was an action of debt on bond pending in the county of Cumberland. At the last May term, at Portland, the defendants pleaded, first, the general issue non est factum, which was joined.
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This was an action of debt on bond pending in the county of Cumberland. At the last May term, at Portland, the defendants pleaded, first, the general issue non est factum, which was joined. And, secondly, they prayed oyer of the bond declared on, and of the condition, and had it. *The bond was in the penal sum of 3976 dollars, 60 [ *87 ] cents, and bears date the 13th day of December, 1806. The condition recites that the defendant Willis was imprisoned in the prison at Portland, by virtue of an execution issued against him in favor of the plaintiff, for the sum of 1500 dollars, damage, and…
1Opinion of the Court
The Court having taken time for advisement, their opinion was, at an after-day in the term, delivered as follows, by
Parsons, C. J.
The defendants move for a new trial on two grounds. 1. Because the judge admitted the bond declared on to go in evidence to the jury, when there was no evidence that the sureties had been approved by two justices of the peace quorum unus.
2. Because the evidence in the cause did not prove that Willis had committed an escape within the true intent of the condition of the bond.
The direction of the statute that the sureties should be approved by two justices is given…
2Cited by15 opinions
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- Steere v. FieldU.S. Circuit Court for the District of Rhode Island · 1822
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