Legal Opinion

Weeks v. Martin

Supreme Court of Vermont

Decided January 15, 1844PublishedCited by 3 opinions

Action on the case for an escape. On trial it appeared that one Willard Fletcher was arrested on mesne process, at the suit of the plaintiff, Sept. 7, 1840, and, for want of bail, was committed to Addison county jail, where he continued until the 26th of November, 1840, when he broke jail and escaped to parts unknown.

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Action on the case for an escape. On trial it appeared that one Willard Fletcher was arrested on mesne process, at the suit of the plaintiff, Sept. 7, 1840, and, for want of bail, was committed to Addison county jail, where he continued until the 26th of November, 1840, when he broke jail and escaped to parts unknown. The plaintiff recovered final judgment against said Fletcher at the December term of Addison county court, 1841, on which execution issued, bearing date Dec. 28, 1841. On the 15th of January, 1842, the execution was placed in the hands of a proper officer to execute, upon which…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

The plaintiff delivered his execution against Fletcher to a proper officer more than fifteen days, and less than thirty days, after judgment was recovered ; and the question is, whether this was in season to charge the defendant for the escape of Fletcher, which bad already happened.

If the plaintiff was only bound to use reasonable diligence in attempting to collect his judgment of the debtor, it should doubtless be considered that the execution was seasonably placed in the officer’s hands. But, if his remedy against this defendant depended…

2Cited by3 opinions

  1. Roberts v. CarpenterSupreme Court of Vermont · 1881
  2. Blake v. KimballMassachusetts Supreme Judicial Court · 1870
  3. Stackpole v. HiltonMassachusetts Supreme Judicial Court · 1877

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