Call v. Lothrop
Supreme Judicial Court of Maine
ON REPORT from Nisi Prius, Cutting, J., presiding. Debt, on a poor debtor’s relief bond. • The defendants had leave to plead double, and one of the pleas was a tender of the amount due and costs before entry of the action, which was brought into Court.
1Opinion of the Court
The facts are all stated in the opinion of the Court drawn up by
Rice, J.
— This is a joint action against principal and surety, on a poor debtor’s bond. The defence is a tender of the amount due after action brought, but before'entry. The amount due, including debt and cost on the execution, officer’s fees and interest, together with the writ in this action, was on the day of the tender, August 4, 1853, $64,97; *435the amount tendered was $66,47. Before the tender was made the writ had been placed in the hands of one Geo. W. Phil-brick, a deputy sheriff, in the county of Lincoln, for service, and…
2Cited by1 opinion
- Colby v. ReedSupreme Court of the United States · 1879