Mongin v. Harrison

Decided January 15, 1840

Supreme Court of Alabama · decided 1840-01-15

This is an action of debt brought by the obligee against one of the obligors of a bond given under the statute, to enable an imprisoned [debtor to have the liberty of the prison bounds. The bond is described as executed on the 6th October, ÍS37. — ■ The breach of the condition of the bond by making, an escape, is alledged to have been made on the 7th October, 1837. The declaration is in the usual form, and judgment was rendered on demurrer in favor of the plaintiff.

Decided 1840-01-15

GOLDTHWAITE, J.

¶1— The counsel for the plaintiff in error, contends that ihe right of action on this bond was destroyed by the act of 1st February, 1839, abolishing imprisonment for debt. It is very clear that that statute has no operation whatever, on the right of the obligee, or the remedy sought to be enforced by this action. The breach of the bond occurred previous to the enactment of the statute, and there is not a clause in it which authorizes a supposition that the Legislature intended to attempt to legislate away any vested and complete right of action.

¶2Let the judgment be affirmed.