Jones v. Emerson

Debt on a bond given on July 3, 1877, in accordance with II. S., c. 113, § 24, to procure the release from arrest on execution of the defendant Emerson, the execution debtor.

The defense set up before the jury was that Emerson performed the last condition in his bond, by "delivering himself into the custody of the jailer” on January 3, 1878. If he sustained that defense, he has done everything he obligated himself to do, and thus saved the penalty of his bond. Rollins v. Dow, 24 Maine, 123; White v. Estes, 44 Maine, 21.

The jury, under instructions of the court, returned a verdict for the…