Call v. Hagger
Massachusetts Supreme Judicial Court
Debt on bond, dated Sept. 27, 1805, against six obligors, five of whom are named of towns in the county of Middlesex, whereof one is called a deputy sheriff, and the sixth is named of Boston, in the county of Suffolk.
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Debt on bond, dated Sept. 27, 1805, against six obligors, five of whom are named of towns in the county of Middlesex, whereof one is called a deputy sheriff, and the sixth is named of Boston, in the county of Suffolk. The coroner of Middlesex returned a service on four; a deputy sheriff of Suffolk returned a service on a fifth ; and respecting the sixth, there was no return of a service on him, but the coroner certified respecting him, that he had no last usual place of abode in his county. The writ was dated the 8th of December, 1809. At the Common Pleas, the defendants, on whom the process…
1Opinion of the Court
By the Court.
It is agreed in this case, that the debtor was out of his proper limits as a prisoner. The defence is, that the sheriff deceived him by giving him improper instructions. This cannot avoid the effect of the bond, given voluntarily by the obligors, and placing the debtor’s conformity to its condition at his own peril. This circumstance may well bring the case within the provision of the statute of 1810, c. 116, that where it shall appear that a debtor, having given bond for the liberty of the yard, shall, through misapprehension of the limits, commit an escape, the court may enter…
2Cited by35 opinions
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- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
- Inhabitants of Goshen v. Inhabitants of StoningtonSupreme Court of Connecticut · 1822
- Bishop v. VoseSupreme Court of Connecticut · 1858
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