Legal Opinion

Tait v. Parkman

Supreme Court of Alabama

Decided January 15, 1849PublishedCited by 1 opinion

Error to the Circuit Court of Dallas. Before the Hon. N. Cook. The plaintiff brought debt, against the defendants, on a prison bounds bond, executed by Parkman as principal, and Weaver as security, and assigned as a breach, that Parkman escaped from the limits as established by law. The defendants filed a number of pleas to the second, third, fourth, sevehth, eighth, ninth and fourteenth pleas, the plaintiff demurred, and the demurrer was overruled.

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Error to the Circuit Court of Dallas. Before the Hon. N. Cook. The plaintiff brought debt, against the defendants, on a prison bounds bond, executed by Parkman as principal, and Weaver as security, and assigned as a breach, that Parkman escaped from the limits as established by law. The defendants filed a number of pleas to the second, third, fourth, sevehth, eighth, ninth and fourteenth pleas, the plaintiff demurred, and the demurrer was overruled. The second plea states, that said Parkman did continue a-prisoner, in the custody, guard, and safe keeping of the keeper of said prison, within…

1Opinion of the CourtDargan, J.

We must consider the second .and third pleas as averring nothing more than a general performance of the condition of the bond, and the question is therefore presented, whether a defendant can plead generally, conditions or covenants performed, to a declaration that sets out a specific breach. In the case of the Commonwealth, use of Carswell, v. Gower, 4 Littell, 279, the plaintiff declared on a bond executed by Gower, conditioned faithfully to .perform the duties of jailer. The declaration set out a specific breach of the condition, and the defendant pleaded condition performed generally,…

2Cases cited2 opinions

  1. Morrow v. WeaverSupreme Court of Alabama · 1845
  2. Commonwealth ex rel. Carswell v. GowerCourt of Appeals of Kentucky · 1823

3Cited by1 opinion

  1. Reid v. NashSupreme Court of Alabama · 1853

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