Smith v. Stockbridge
Massachusetts Supreme Judicial Court
Debt on a prison bond, dated October 7, 1805, for 467 dollars 58 cents, with condition that the said David, a prisoner in the jail at Northampton at the suit of the plaintiff, should continue a true prisoner, &c. • The defendants, after oyer of the bond and condition, plead,— 1. Non est factum, on which issue is joined. 2. That said David continued a true prisoner until Ma-ch 8, 1805, when he was discharged under the provisions of the act for the relief of poor…
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Debt on a prison bond, dated October 7, 1805, for 467 dollars 58 cents, with condition that the said David, a prisoner in the jail at Northampton at the suit of the plaintiff, should continue a true prisoner, &c. • The defendants, after oyer of the bond and condition, plead,— 1. Non est factum, on which issue is joined. 2. That said David continued a true prisoner until Ma-ch 8, 1805, when he was discharged under the provisions of the act for the relief of poor prisoners.—Replication, that before said 8th of March, and before the said David was lawfully discharged, viz., on the 8th of…
1Opinion of the Court
The Court
held that the statute of 1785 was not intended to repeal the provision in that of 1784. But to be within the purview of that provision, a bond must be in double the sum for which the debtor is imprisoned. In all other cases, it is subject to the chancery powers of the Court. In the exercise of those powers, it has been repeatedly holden that judgment shall be entered for the sum due on the execution. For that sum the debtor’s body was a pledge ; and the pledge having been withdrawn, the creditor is entitled to the same sum. (a)
* Judgment was entered for the debt and costs, and…
2Cases cited3 opinions
- Call v. HaggerMassachusetts Supreme Judicial Court · 1812
- Clap v. CofranMassachusetts Supreme Judicial Court · 1810
- Freeman v. DavisMassachusetts Supreme Judicial Court · 1810
3Cited by2 opinions
- Colton v. Beardsley, Bigelow & SpoonerNew York Supreme Court · 1860
- Mallory v. MillerTennessee Supreme Court · 1825