State ex rel. Goddard v. Baden

Ln Grand, C. J., delivered the opinion of this court. This case comes before us on a case stated. It is an action of debt on the official bond of Baden, formerly sheriff of Prince George’s county. The facts may be thus briefly stated: In the year 1846, Charles Goddard, the cestui que use, sued out a capias ad satisfaciendum against Osborn Sprigg, against whom a judgment had been previously recovered; that on the return of the writ, Sprigg was committed to the custody of Baden, the sheriff, who, instead of lodging him in the jail of the county, confined him in the private room of the sheriff; that on the next day Sprigg applied for the benefit of the insolvent laws of the State, and obtained his personal discharge.

This action is brought, in the name of the State, against the sheriff and his sureties, for a voluntary escape. On this statement three questions are propounded to the court. The language of the agreement is as follows: “That if the court should be of opinion, upon the foregoing statement, that the omission and failure of the said Baden, sheriff as aforesaid, to confine ³²¹ lile said Sprigg in the county jai!, after he was finally committed under the ca. sa. on the prayer of the said cestui que use, is such a breach of hia official duty as to render his bond liable therefor, that then a judgment shall be entered by the court in favor of the plaintiff, for the penalty of the bond sued on, to be released on payment of the judgment and costs mentioned in the plaintiff’s declaration, with interest from the day therein stated in that behalf, unless the court shall be of opinion that in this form of action, and on the above breach of duty, it is competent for the defendants to show, in mitigation of damages, the inability of the said Sprigg to pay all his debts due and owing at the time of his said commitment; or unless the court shall bo of opinion that the fact of the said cestui que use filing his said