Foord's Case
Superior Court of New Hampshire
The court sitting this term, at Plymouth, and John Foord, a prisoner in the goal at Haverhill, in this county, having been brought into court upon a habeas corpus issued on the motion of his counsel, it was moved, on his behalf, that the execution, by virtue of which he had been committed to prison, should be set aside for irregularity, and that he should be discharged from imprisonment., It appeared, that at the November term of this court here, 1829, John S. Wright…
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The court sitting this term, at Plymouth, and John Foord, a prisoner in the goal at Haverhill, in this county, having been brought into court upon a habeas corpus issued on the motion of his counsel, it was moved, on his behalf, that the execution, by virtue of which he had been committed to prison, should be set aside for irregularity, and that he should be discharged from imprisonment., It appeared, that at the November term of this court here, 1829, John S. Wright recovered judgment against • Foord for $339,31, debt, and $59,36, costs of suit, and that on the 16th November, 1829, execution…
1Opinion of the Court
By the court.
It is not disputed in this case, that the prisoner was regularly discharged from his imprisonment, under the execution which issued upon the first judgment by taking the poor debtor’s oath ; and the question is, whether, in order to protect his body from arrest, it was necessary that lie should plead, in the action upon the judgment, his discharge in bar of an execution against his body ; or whether the plaintiff was bound at his peril to take out a proper execution upon the second judgment ? -
On behalf of the creditor, it is insisted, that the debt- or ought to have pleaded his…
2Cases cited4 opinions
- Brown v. PorterMassachusetts Supreme Judicial Court · 1813
- Starr v. VanderheydenNew York Supreme Court · 1812
- Cooke v. GibbsMassachusetts Supreme Judicial Court · 1807
- Post v. RileyNew York Supreme Court · 1820