Legal Opinion

Brown v. Getchell

Massachusetts Supreme Judicial Court

Decided March 15, 1814PublishedCited by 16 opinions

Debt on bond, conditioned that the said W. G., then a prisoner in the jail at Augusta, in the county of Kennebeck, at the suit of the plaintiff, should continue a true prisoner, &c.

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Debt on bond, conditioned that the said W. G., then a prisoner in the jail at Augusta, in the county of Kennebeck, at the suit of the plaintiff, should continue a true prisoner, &c. The defendants, in their plea in bar, set forth the judgment recovered by the plaintiff against the said William, and the execution issued thereon, the delivery thereof to one J. F. Norris, a deputy of the sheriff of the county of Kennebeck, and an arrest of the said William thereon on the 13th of June, 1810; and then allege the making of a promissory note for the amount of the said judgment, by the said William,…

1Opinion of the Court

The opinion of the Court was delivered by

Sewall, C. J.

The return of the sheriff is not conclusive against the party arrested; and there is no inconsistency in his showing the return of an arrest, which he alleges to be unlawful.

The plea is, however, liable, in point af form, to other sufficient objections, if these had been pointed out. It is double and argumentative, in a degree to rendre a replication to it, for the purpose *20of putting in issue any one material allegation, almost impracticable ; and although several defences are intimated, it is by no means clear to which,' of two at least,…

2Cases cited5 opinions

  1. Clap v. CofranMassachusetts Supreme Judicial Court · 1810
  2. Thompson v. LockwoodNew York Supreme Court · 1818
  3. Freeman v. DavisMassachusetts Supreme Judicial Court · 1810
  4. Appleby v. ClarkMassachusetts Supreme Judicial Court · 1813
  5. Freeman v. OtisMassachusetts Supreme Judicial Court · 1812

3Cited by16 opinions

  1. Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
  2. Larned v. GriffinU.S. Circuit Court for the District of Massachusetts · 1882
  3. Kalloch v. ElwardSupreme Judicial Court of Maine · 1919
  4. Whitsett v. WomackSupreme Court of Alabama · 1845
  5. Little v. President of Newburyport BankMassachusetts Supreme Judicial Court · 1817

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