Baxter v. Taber
Massachusetts Supreme Judicial Court
Debt on bond, dated May 25, 1805, conditioned that Thomas Holbrook, Jr., who was joint obligor in the bond, and was imprisoned in the prison at Portland, in this county, by virtue of an exe cution issued against him upon a judgment obtained against him by the plaintiff, “ continue a true prisoner, in the custody of the jailer, and within the limits of the said prison, until he shall be therefrom lawfully discharged, without committing any manner of escape.”
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Debt on bond, dated May 25, 1805, conditioned that Thomas Holbrook, Jr., who was joint obligor in the bond, and was imprisoned in the prison at Portland, in this county, by virtue of an exe cution issued against him upon a judgment obtained against him by the plaintiff, “ continue a true prisoner, in the custody of the jailer, and within the limits of the said prison, until he shall be therefrom lawfully discharged, without committing any manner of escape.” It was agreed by the parties that the said Holbrook, after the making of the said bond, and until the 25th day of June following, was…
1Opinion of the Court
The opinion of the Court was afterwards delivered as follows, by
Parsons, C. J.
This cause is submitted to the decision of the Court upon a case agreed by the parties. Thompson Baxter, the plaintiff, has sued Daniel Taber, as surety in a bond, in which Thomas Holbrook, Jr. was principal, given to the plaintiff, to be forfeited, if Holbrook, who was committed to the jail in Portland, on execution at the plaintiff’s suit, did not continue a true prisoner within that prison, until lawfully discharged.
It is necessary to decide what privileges Holbrook acquired by virtue of this bond ; and whether,…
2Cases cited1 opinion
- Walter v. BaconMassachusetts Supreme Judicial Court · 1812
3Cited by8 opinions
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Wilckens v. WilletNew York Court of Appeals · 1864
- Patterson v. PhilbrookMassachusetts Supreme Judicial Court · 1812
- Cargill v. TaylorMassachusetts Supreme Judicial Court · 1813
- Codman v. LowellSupreme Judicial Court of Maine · 1824
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