Treasurer of the State v. Holmes
Supreme Court of Vermont
THIS was a scire facias against Stephen Holmes and others, sureties of one Shiveric Holmes, late sheriff of the county of Franklin, in his bond of recognizance for the faithful discharge of the duties of said office, citing them to appear and show cause, why an execution should not issue against them, for the amount of an extent, theretofore issued against the said Shiveric, as sheriff as aforesaid, by the treasurer of the state, for $268,86, and the interest thereon from…
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THIS was a scire facias against Stephen Holmes and others, sureties of one Shiveric Holmes, late sheriff of the county of Franklin, in his bond of recognizance for the faithful discharge of the duties of said office, citing them to appear and show cause, why an execution should not issue against them, for the amount of an extent, theretofore issued against the said Shiveric, as sheriff as aforesaid, by the treasurer of the state, for $268,86, and the interest thereon from the first day of June, 1820, upon which extent the said Shiveric had been committed to prison. The defendants pleaded in…
1Opinion of the Court
The opinionof a majority of the Court was delivered by
Prentiss, J.As the defendant’s plea in bar in unquestiona- bly bad, and has not been relied upon at all, the only question to be decided, is, whether the matter contained in the writ of scire facias is sufficient to entitle the plaintiff to maintain it. Neither the treasurer of the state, nor the state itself, being a party to the recognizance, it is very clear, that the writ cannot be supported, unless the case comes within the first section of the statute, made in addition to and amendment of the act, con- stituting the Supreme Court of…
2Cited by1 opinion
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