Green v. Wilbur
Massachusetts Supreme Judicial Court
Debt on a bond for the liberty of the prison limits, under Rev. Sts. c. 97, § 63. The parties agreed upon the following facts: The bond in suit was duly executed by the defendants.
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Debt on a bond for the liberty of the prison limits, under Rev. Sts. c. 97, § 63. The parties agreed upon the following facts: The bond in suit was duly executed by the defendants. The principal obligor, Eber Wilbur, was on the twelfth day of February, 1851, committed to jail, on an alias execution which issued on the twenty-fifth day of January, 1851, upon a judgment recovered against him by the plaintiff for the sum of sixty-two dollars and sixty-five cents damages, and seven dollars and eighty cents costs of suit, at the court of common pleas, in said county, on the second Monday of…
1Opinion of the CourtMetcalf, J.
The plaintiff denies that Wilbur has been lawfully discharged, within the condition of the bond given pursuant to the Rev. Sts. c. 97, § 63, and now in suit. It is objected, in the first place, that the citation, which was served on the plaintiff, was insufficient, because it did not correctly describe the execution on which Wilbur was committed. The citation referred to the accompanying representation made by Wilbur to the jailer, and by the jailer to the justice who issued it; and the execution was therein described as having issued from the court of common pleas held at "Taunton, on the…
2Cases cited2 opinions
- Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859
- Smith v. GowerCourt of Appeals of Kentucky · 1860