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1 D.C. 242

Slacum v. Simms

District of Columbia District Court · decided 1805-06-15

Debt against the principal and surety on a prison-bounds bond; plea, covenants performed ; replication, did not keep in the bounds, but departed without being discharged in due course of law ; rejoinder, discharged in due course of law ; and issue thereon. contended that a warrant of dis- . charge by the magistrates is conclusive evidence that Simms was discharged in due course of law, and is as much a discharge of the bond, as it would be to the sheriff, if the prisoner was…

Decided 1805-06-15

The Court

¶1was of opinion,

(Fitzhugh, J., absent,)

¶2that the warrant of discharge is not conclusive evidence that Simms was discharged in due course of law.

¶3Bill of exceptions taken. Verdict for plaintiff, $1600.

¶4Reversed by the Supreme Court, 3 Cranch, 300.

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