United States v. Knight
U.S. Circuit Court for the District of Maine
This was an action brought on the 15th day of September, 1838, on a bond given to the United States on the 30th day of January, 1838, for the liberties in the gaol yard in Portland, in Maine district. Plea, the general issue, with liberty to give special matter in evidence.
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This was an action brought on the 15th day of September, 1838, on a bond given to the United States on the 30th day of January, 1838, for the liberties in the gaol yard in Portland, in Maine district. Plea, the general issue, with liberty to give special matter in evidence. The condition of the bond, after reciting, that Jacob Knight and Benjamin Knight have been, and now are, imprisoned in the prison in Portland, in Maine district, by virtue of an execution issued against them, on a judgment obtained against them by the United States, at the district court, &e., for the sum of $8,462.36…
1Opinion of the Court
STORY, Circuit Justice.
This cause involves the consideration of some important questions, as to the adoption of the laws of the states in regard to writs of execution, and the right to the gaol liberties by imprisoned debtors, which do not seem hitherto to have undergone any direct adjudication. The principal question is. whether, in the present case, the imprisoned debtors, having obtained the privileges of the gaol yard, by giving the bond in controversy, have been guilty of an escape by being without the walls of the gaol in the night time, although they have always remained by day and…
2Cases cited6 opinions
- Clap v. CofranMassachusetts Supreme Judicial Court · 1810
- Bartlett v. WillisMassachusetts Supreme Judicial Court · 1807
- Freeman v. DavisMassachusetts Supreme Judicial Court · 1810
- Patterson v. PhilbrookMassachusetts Supreme Judicial Court · 1812
- Baxter v. TaberMassachusetts Supreme Judicial Court · 1808
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