Carter v. Miller
Carter v. Miller
Opinion of the Court
The opinion of the court was delivered by
— In the present case, the court do not perceive any question of doubt, except that which arises from the discrepancy between the certificate, which the jail commissioners delivered to the sheriff, and that which they delivered to the debtor. In both certificates, it is stated, that the creditors were notified, but in one that they “ did appear,” and in the other that they “ did not attend.” It is difficult to conjecture how any such contradiction should have occurred ; but at the same time we cannot perceive how it is important. It is fully stated, that the creditors were notified,
In the present case, as the certificate delivered to the sheriff was, by itself alone, perfect and formal, it would seem that the debtor was at liberty to depart from the prison limits, and “neither the sheriff nor (the debtor’s) bail had any further control over him.” Such is the language of Ch. J. Williams in the case Raymond v. Sutherland. But it is not necessary to consider that point.
Judgment affirmed.
Reference
- Full Case Name
- Alvan Carter, Sheriff v. H. W. W. Miller, & Jonathan P. Miller
- Status
- Published