Gordon v. Edson
Superior Court of New Hampshire
If a sheriff permit a prisoner to have liberty of the yard on a bond for a less amount than “ double the sum for which such prisoner was imprisoned,” the bond is still binding upon the obligors, but is no defence to an action against the sheriff for an escape.* A party cannot justify under a statute, unless he pursues the forms prescribed by the statute.
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If a sheriff permit a prisoner to have liberty of the yard on a bond for a less amount than “ double the sum for which such prisoner was imprisoned,” the bond is still binding upon the obligors, but is no defence to an action against the sheriff for an escape.* A party cannot justify under a statute, unless he pursues the forms prescribed by the statute. But the acts of a sheriff, when performed in good faith, are, if possible, to be supported ; and a bond for the liberty of the yard, if it be for double the face of the execution, though not including the officer’s fees for commitment, is…
1Opinion of the CourtWoodbury, J.
Our statute “ for the ease and relief of persons imprisoned u for debt” provides, that a prisoner may receive the lib*153erty of the yard on executing a bond “ in double the sum, “for which such prisoner is imprisoned.” 1 JV. ILL. 153. The bond in this case was for an amount double the debt, cost, and renewals,of the execution ; but less than double the debt, cost, renewals and fees of the officer for commitment.(1)1 N.H. R. 36, and, a“th-4 Craneh 403, -4 wbeatoa
The questions, that arise, then, relate to the sufficiency of the bond, and the rule of damages in this form of action, if the sheriff…
2Cases cited2 opinions
- Clap v. CofranMassachusetts Supreme Judicial Court · 1810
- Gerrish v. EdsonSuperior Court of New Hampshire · 1817
3Cited by1 opinion
- Emerson v. LombardSupreme Judicial Court of Maine · 1839