Bunker v. Hodgdon
Superior Court of New Hampshire
Debt upon a judgment of the court of common pleas. The defendant pleaded in bar, that after the recovery of the judgment the plaintiff sued out execution thereon, and delivered the same to a deputy sheriff to be served, who, before the return day arrested the defendant, and committed him to gaol, and that he remained a prisoner until he was discharged by order of the plaintiff.
Read the full summary
Debt upon a judgment of the court of common pleas. The defendant pleaded in bar, that after the recovery of the judgment the plaintiff sued out execution thereon, and delivered the same to a deputy sheriff to be served, who, before the return day arrested the defendant, and committed him to gaol, and that he remained a prisoner until he was discharged by order of the plaintiff. The plaintiff replied, that the defendant was not discharged from imprisonment by his order ; upon which issue was joined. On the trial it appeared that the defendant was arrested and committed, as alleged in his plea,…
1Opinion of the Court
PARKER, I.
Anciently it seems to have been held, that where a defendant was once imprisoned upon execution, and escaped, the plaintiff should never have a remedy against him again, nor the gaoler retake him, because he was once at large, and so discharged for that time. Plowd. 36, and note a; Hobart. 202, a. Perhaps the rule might have been confined to voluntary escapes. Bac. Abr. Escape, C.
It was afterwards holders., that were the party escaped from custody without the assent of the creditor, he might retake him by a new capias ad satisfaciendum, or have an action of debt, or s-ci. fac. upon…
2Cases cited6 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- King v. GoodwinMassachusetts Supreme Judicial Court · 1819
- Minton v. WoodworthNew York Supreme Court · 1814
- Sweet v. PalmerNew York Supreme Court · 1819
- Tillotson v. PrestonNew York Supreme Court · 1810
1 more not listed; retrieve them via the Exa API.