Starr v. Robinson
Supreme Court of Vermont
THE original action in this case was on a gaol bond assigned by the Sheriff to the creditor, in which the plaintiff declared, that, by the consideration of the County Court for the County of Bennington, at the term of said Court holden in June, 1810, he recovered judgment against Moses Sage, for the sum of ‡65,63 cents dama, ges, and for the sum of $15,42 cents, costs of suit; that he prayed out an execution on that judgment, by virtue of which, the said Moses Sage, on the…
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THE original action in this case was on a gaol bond assigned by the Sheriff to the creditor, in which the plaintiff declared, that, by the consideration of the County Court for the County of Bennington, at the term of said Court holden in June, 1810, he recovered judgment against Moses Sage, for the sum of ‡65,63 cents dama, ges, and for the sum of $15,42 cents, costs of suit; that he prayed out an execution on that judgment, by virtue of which, the said Moses Sage, on the 24th day of August, 1810, was committed to the common gaol in Bennington, and was, on the same day admitted to the…
1Opinion of the Court
The opinion of the Court was delivered by
Chipman, Ch. J.
The act of the legislature, which is relied upon in this case, is not a public act, nor is it a remedial act, in the language of the law. It is a private act, and has been rightly so pleaded. It is an act which gives a privilege to one man, while it infringes, or at least suspends the rights of another; therefore, upon every sound principle, it ought to receive a strict construction ; it is not to be extended in favor of Moses Sage or his sureties, beyond that which is clearly expressed, or that which is a necessary and unavoidable…
2Cited by4 opinions
- Beall v. BeallSupreme Court of Georgia · 1850
- Bank of St. Mary's v. StateSupreme Court of Georgia · 1853
- Langdon v. StrongSupreme Court of Vermont · 1829
- Davison v. JohonnotMassachusetts Supreme Judicial Court · 1844