Jacobs v. Tolman
Massachusetts Supreme Judicial Court
Debt on bond, conditioned that Nathaniel Tolman should continue a true prisoner in the custody of the jailer, &c. Issue was joined on the question of escape, and a verdict found for the plaintiff, subject to the opinion of the Court upon a case agreed, which was to the following effect: — At the time alleged in the plaintiff’s replication, the said Nathaniel was a prisoner in the jail at Dedham, at the suit of the plaintiff, and had given bond according to the statute, the…
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Debt on bond, conditioned that Nathaniel Tolman should continue a true prisoner in the custody of the jailer, &c. Issue was joined on the question of escape, and a verdict found for the plaintiff, subject to the opinion of the Court upon a case agreed, which was to the following effect: — At the time alleged in the plaintiff’s replication, the said Nathaniel was a prisoner in the jail at Dedham, at the suit of the plaintiff, and had given bond according to the statute, the defendant being his surety, conditioned to be a true prisoner until he should be thence lawfully discharged. On the 19th…
1Opinion of the Court
By the Court.
From the case stated we take it as agreed that Smith’s house was situate within the boundaries of the jail-yard, as fixed and determined by the Court of Sessions; they had then authority to appropriate the whole house, or any apartments in it, for receiving and lodging prisoners for debt, having the owner’s consent. It appears by the case that this was done here. The Sessions paid rent for the use of it, for the purpose of lodging prisoners for debt; and without a formal lease, the sheriff and his deputy jailer had full authority to enter the apartments so appropriated, in the…
2Cited by3 opinions
- Ives v. HuletSupreme Court of Vermont · 1840
- Paddock v. KittredgeSupreme Court of Vermont · 1858
- Blair v. EllsworthSupreme Court of Vermont · 1883