Fullerton v. Harris
Supreme Judicial Court of Maine
This was an action of debt, against the keeper of the gaol in Cumberland, for the escape of Stephen Lee, jun. an execution debt- or. The defendant pleaded first, the general issue, which was joined : Secondly, that Lee was enlarged by giving bond as the law directs for the liberty of the yard ; which plea was traversed, and issue joined oil the traverse.
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This was an action of debt, against the keeper of the gaol in Cumberland, for the escape of Stephen Lee, jun. an execution debt- or. The defendant pleaded first, the general issue, which was joined : Secondly, that Lee was enlarged by giving bond as the law directs for the liberty of the yard ; which plea was traversed, and issue joined oil the traverse. The bond, alluded to in the second plea, was dated April 25, 1829, signed by the debtor, with two sureties, and approved on the same day by Peter O. Alden and Jonathan Page, Esquires, two Justices of the peace, quorum units. It was annexed to…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court.
This case presents several questions for consideration, viz :
1st. Is an action of debt a proper action to be brought against a sheriff or his deputy, or prison keeper for a voluntary escape of a prisoner committed on execution for d.ebt ?
2d. If it isj can the plaintiff recover the full amount of the execution, or only such damages as a jury may estimate under all tb© circumstances of the case ?
3d. Was the bond, in virtue of which Lee, the debtor, was liberated from prison, duly executed by the obligors, so as to be their deed?
4th. If so, was it…
2Cases cited6 opinions
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
- Colby v. SampsonMassachusetts Supreme Judicial Court · 1809
- Burrell v. LithgowMassachusetts Supreme Judicial Court · 1807
- Rawson v. DoleNew York Supreme Court · 1807
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