Cargill v. Taylor
Massachusetts Supreme Judicial Court
Debt on a bond, with condition that the defendant, Taylor, a prisoner in execution at the suit of the plaintiff, in the jail of Wiscasset, should continue a true prisoner, &c.
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Debt on a bond, with condition that the defendant, Taylor, a prisoner in execution at the suit of the plaintiff, in the jail of Wiscasset, should continue a true prisoner, &c. Upon oyer had, the defendants pleaded in bar that, on the 9th day of December, 1809, the plaintiff recovered judgment against the said Taylor for the sum of twenty dollars and twelve cents, including debt and costs of suit; that, on the 11th day of December, 1809, he purchased his writ of execution on the judgment, but never caused it to be levied on Taylor, although he might well have so done; that, on the 2d day of…
1Opinion of the CourtSewall, J.
Upon these pleadings we are to decide whether Taylor, when conveyed forcibly, and against his will, without the „ limits of the prison-yard, committed an escape within the intent of the condition of the bond declared on by the plaintiff.
It seems not to admit of any question, that the sheriff or jailer would be liable in an action for an escape, if Taylor had been delivered from within the walls of the prison, in the manner and under the circumstances alleged in the plea of the defendants.
A rescue, before commitment, of one arrested upon mesne process, subjects the rescuers, and not the…
2Cases cited1 opinion
- Baxter v. TaberMassachusetts Supreme Judicial Court · 1808
3Cited by3 opinions
- Kepler v. BarkerOhio Supreme Court · 1862
- Dexter & Veazie v. AdamsNew York Court of Appeals · 1848
- Palmer v. SawtellSupreme Judicial Court of Maine · 1825