Allen v. Smith

The Chief Justice

delivered the opinion of the court.

This cause comes before us on a writ of error to the Court of Common Pleas of the county of Essex. The action instituted in that court is upon a bond given to the plaintiff below, Moses Smith, as sheriff of that county, by Daniel K. Allen, one of the defendants and the others as his sureties, with condition that Allen, who had been arrested and was in custody under a capias ad satisfaciendum, should keep within the bounds of the prison of the county until discharged by due course of law; and the alleged breach of the condition is, that he…