Denton v. Adams
Supreme Court of Vermont
s This was an action of debt; brought by the plaintiffs as l the assignees of Ezbon Sanford, on a jail bond, given by Íthe defendant for Roswell Butler. Butler, while sheriff of Chittenden county, was committed to jail on an execution, in favor of the plaintiffs; and on that occasion Sanford, I being high bailiff, admitted Butler to the liberties of the Iprison, and took the bond in question.
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s This was an action of debt; brought by the plaintiffs as l the assignees of Ezbon Sanford, on a jail bond, given by Íthe defendant for Roswell Butler. Butler, while sheriff of Chittenden county, was committed to jail on an execution, in favor of the plaintiffs; and on that occasion Sanford, I being high bailiff, admitted Butler to the liberties of the Iprison, and took the bond in question. Butler having departed the liberties, Sanford assigned the bond to the plain-Íiffs, who commenced this suit — Butler having since debased. There was a general demurrer to the declaration; and judgment…
1Opinion of the Court
The opinion of the Court was pronounced by
Collamer, J.
— In this case there is a general demurrer to the declaration. There is no oyer, and therefore the question of variance is not on the record. The first question is, has the high bailiff power, by the statute, when the sheriff is committed to jail, to take of him a jail bond, and if so, how must the same be taken and assigned ?
The statute (page 105) provides, “And when any writ “ or process, issuing from proper authority, shall be direct- “ ed to the said high bailiff against the sheriff of the coun- “ ty, it shall and may be lawful for the…
2Cited by7 opinions
- Com., for Use v. PerrySupreme Court of Pennsylvania · 1938
- In Re Estate of EverettSupreme Court of Vermont · 1941
- Ide v. Passumpsic & Connecticut Rivers RailroadSupreme Court of Vermont · 1859
- White v. HallSupreme Court of Vermont · 1916
- "Harris Millinery Supply" v. Harris GansConnecticut Superior Court · 1936
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