Partridge v. Emerson
Massachusetts Supreme Judicial Court
This was an action of debt on a bond given by the defendants to the plaintiff, conditioned that Emerson, then a prisoner in the jail in Augusta at the plaintiff’s suit, should continue a true prisoner, &c. The defendants pleaded that the said Emerson did continue a true prisoner, &e.
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This was an action of debt on a bond given by the defendants to the plaintiff, conditioned that Emerson, then a prisoner in the jail in Augusta at the plaintiff’s suit, should continue a true prisoner, &c. The defendants pleaded that the said Emerson did continue a true prisoner, &e. The plaintiff replied that Emerson, on the 1st day of October, 1806, and in the night time of said day, did escape and go at large without the bounds of said prison and prison-house, and from the custody of the jailer, and issue was joined thereon by the defendants. At the trial of this issue, at the last October…
1Per curiam
As the opinion excepted to was expressed, according to the statement in the exceptions, the jury must have .understood that the yard described might be lawfully resorted to in the niglt time, by a prisoner having the liberty of the yard, or indeed Sy any prisoner for debt, however closely confined; for, during the n.ght time, there was no distinction among the prisoners for debt, excepting as to their chambers or lodgings, where they were < to be all alike restrained, as the law was when this escape is alleged to have happened.
We are, upon consideration, not. satisfied with that opinion,…
2Cases cited5 opinions
- Clap v. CofranMassachusetts Supreme Judicial Court · 1810
- Bartlett v. WillisMassachusetts Supreme Judicial Court · 1807
- Freeman v. DavisMassachusetts Supreme Judicial Court · 1810
- M'Lellan v. DaltonMassachusetts Supreme Judicial Court · 1813
- Clap v. CofranMassachusetts Supreme Judicial Court · 1813
3Cited by1 opinion
- Lockwood v. MercereauThe Superior Court of New York City · 1858