Eldridge v. Bush

The opinion of the Court was delivered by

Smith, C. J.1

This is an action of debt on a bond made by defendants as sureties of one Howard Phelps; with condition that Phelps, who was then in execution at tbe plaintiff’s suit, should continue a true prisoner within the limits of the prison at Haverhill, until he should be lawfully discharged, without committing any escape until such discharge. The defendants plead performance of the condition by Phelps. The plaintiff, in reply, assigns a breach; viz., escape from the limits, Oct. 17, 1805, 6 A. M.

Defendants, admitting the escape, rejoin that…