Weeks v. Stevens
Supreme Court of Vermont
This was an action on jail bond. The defendant plead a release from the plaintiff, Weeks. The plaintiff replied that the bond was the property of Hezekiah Niles, of which notice was given to the defendant before the date of the release, and that said Weeks never had any equitable interest in the bond. But there was no allegation that the bond was either assigned or delivered to Niles, nor was it stated hów it became his property.
Read the full summary
This was an action on jail bond. The defendant plead a release from the plaintiff, Weeks. The plaintiff replied that the bond was the property of Hezekiah Niles, of which notice was given to the defendant before the date of the release, and that said Weeks never had any equitable interest in the bond. But there was no allegation that the bond was either assigned or delivered to Niles, nor was it stated hów it became his property. To the replication. there was a special demurrer, and assigning, among other causes, the omissions in the replication adverted to. — 1. When a sheriff fakes a bond…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This is an action of debt on jail bond, to which the defendant pleads a release by the plaintiff, Weeks. The plaintiff replies, that the bond was the property of Hezekiah Niles, of which notice was given to the defendant before the date of the release, and that Weeks never had any equitable interest in the bond. To this replication there is a demurrer.
An objection has been taken to the form of the plea, as it is not stated that the release was executed since the last continuance of the case. The plea was put in at the September term of…
2Cited by1 opinion
- Wheeler v. PettesSupreme Court of Vermont · 1849