Legal Opinion

Freeman v. Davis

Massachusetts Supreme Judicial Court

Decided October 15, 1810PublishedCited by 15 opinions

This was an action of debt on a bond executed by the defendants, and dated Sept. 29th, 1808. Davis, being a prisoner for debt, duly committed to the jail in Concord, in this county, at the suit of the plaintiff, executed the bond, with the other defendants as his sureties, to obtain the liberty of the yard ; the condition of the bond being conformable to the statute of 1784, c. 41. The defendants pleaded that Davis continued a true prisoner, without committing any escape ;…

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This was an action of debt on a bond executed by the defendants, and dated Sept. 29th, 1808. Davis, being a prisoner for debt, duly committed to the jail in Concord, in this county, at the suit of the plaintiff, executed the bond, with the other defendants as his sureties, to obtain the liberty of the yard ; the condition of the bond being conformable to the statute of 1784, c. 41. The defendants pleaded that Davis continued a true prisoner, without committing any escape ; on which issue was joined. This issue was tried before the chief justice, at the sittings here, after the last October…

1Opinion of the Court

The Court

decided that the facts clearly showed an escape, that the bond was good by the common law, although not conformed to the statute, and that it was subject to the * equitable powers of the Court. The penalty being [ * 202 ] declared forfeited, the defendants prayed for a hearing in equity, and judgment was finally entered for the amount of the judgment on which the execution had issued, with interest from the date of the judgment and costs.

2Cited by15 opinions

  1. Lowe v. the City of GuthrieSupreme Court of Oklahoma · 1896
  2. Brown v. GetchellMassachusetts Supreme Judicial Court · 1814
  3. State ex rel. v. PurcellWest Virginia Supreme Court · 1888
  4. M'Lellan v. DaltonMassachusetts Supreme Judicial Court · 1813
  5. Seymour v. HarveySupreme Court of Connecticut · 1830

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