Legal Opinion

Inhabitants of Saco v. Wentworth

Supreme Judicial Court of Maine

Decided July 1, 1853PublishedCited by 16 opinions

On Report from Nisi Prius, Wells, J., presiding. Debt, on a bond given by defendants to the inhabitants of the town off Saco, for §200, conditioned that the principal obligor should not violate any of the provisions of c. 211 of Acts of 1851, during the pendency of an appeal by him made, from the sentence of the Municipal Court of said Saco, on a conviction before that Court for selling spirituous liquors contrary to said Act.

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On Report from Nisi Prius, Wells, J., presiding. Debt, on a bond given by defendants to the inhabitants of the town off Saco, for §200, conditioned that the principal obligor should not violate any of the provisions of c. 211 of Acts of 1851, during the pendency of an appeal by him made, from the sentence of the Municipal Court of said Saco, on a conviction before that Court for selling spirituous liquors contrary to said Act. The defendants pleaded the general issue, and filed a brief statement of their defence. Plaintiffs, against the objections of the defendants, were allowed to read a…

1Opinion of the CourtTenney, J.

— The bond in suit was given by the defendants, as one of the conditions, to obtain an appeal from a sentence to pay a fine of ten dollars, and costs of prosecution, awarded against the principal obligor, by the Judge of the Municipal Court of the town of Saco, for a violation of the statute of 1851, c. 211, § 4, as required by § 6 of the same chapter. It appears from the judgment of the Court, which passed the sentence, that when the bond was executed, *171the party convicted protested, that it -was given under duress, for the purpose of securing a trial by jury.

The proposition in defence…

2Cases cited1 opinion

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819

3Cited by16 opinions

  1. State v. HaywardSupreme Court of Missouri · 1884
  2. Dwyer v. StateSupreme Judicial Court of Maine · 1956
  3. State v. SklarSupreme Judicial Court of Maine · 1974
  4. Harrington v. HarringtonSupreme Judicial Court of Maine · 1970
  5. State v. FlickSupreme Judicial Court of Maine · 1985

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