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48 Me. 297

Blake v. Blanchard

Supreme Judicial Court of Maine

Decided July 1, 1861

Supreme Judicial Court of Maine · decided 1861-07-01

On Exceptions to the ruling of Davis, J. ' This was an action on a poor debtor’s bond, given by the__ defendants, to procure the release of George H. Blanchard from arrest on an execution against said Blanchard and Charles W. Coburn. It appeared that the judgment, on which the execution issued, was against Blanchard and Charles W. Cahoon, and that the name of Coburn was accidentally inserted in the execution by the clerk instead of that of Cahoon.

Cited by 1 later decisions — most recently April 1890

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-07-01

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¶1The opinion of the Court was announced by

Davis, J.

¶2The judgment, as against this defendant, was correctly described, as it was in fact. He was not injured by *298the mistake in the name of his co-defendant. There was no duress, and the bond is valid. Perhaps he would not be estopped by his bond from showing that there was no judgment against him, so that his arrest was unlawful. But he should be estopped from taking advantage of merely technical and clerical errors. If, when arrested, he had been brought before us on habeas corpus, instead of discharging him, we should have permitted the clerk to correct the execution. He can be in no better condition.. The mistake was not in his name. Exceptions overruled.

Tenney, C. J., Appleton, Cutting, Goodenow and Kent, JJ., concurred.
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