Clap v. Cofran
Massachusetts Supreme Judicial Court
This was an action of debt on a bond given to the plaintiff by the defendant as surety for one Nutting, conditioned that the latter should continue a true prisoner, &c., and is the same cause which was heretofore sent to a new trial. (1) It was again tried at the sittings after the last November term, in this county, before Parker, J., upon the same issues as before.
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This was an action of debt on a bond given to the plaintiff by the defendant as surety for one Nutting, conditioned that the latter should continue a true prisoner, &c., and is the same cause which was heretofore sent to a new trial. (1) It was again tried at the sittings after the last November term, in this county, before Parker, J., upon the same issues as before. The judge before whom this second trial was had, reports that the facts proved were the same which appear in the report of the late chief justice, who sat in the former trial; with the addition of cei tain records of the Court of…
1Opinion of the CourtSewall, J.
The plaintiff moves for a new trial, in this case, because the verdict upon the issue to the country, whether an escape or not, amounting to a forfeiture of the bond declared on, was found *374against him, contrary to the evidence and the law; [ * 375 ] * and because the jury, in rendering it, proceeded against the opinion and direction of the Court in a matter of law.
If, upon the facts stated, the law was with the plaintiff, as the judge who presided at the trial directed the jury that it was, a new trial must be granted.
From a recurrence to a report of the evidence in a former trial of the same…
2Cited by5 opinions
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