State Treasurer v. Foster
Supreme Court of Vermont
This was a scire facias against the defendant,-as the bail of Shiverie Holmes, sheriff of the county of Franklin in the year 1821. The declaration, after setting out the appointment of said Holmes in 1820, and the entering into the bond of recognizance by the defendant, in common form, proceeded to allege the recovery of a judgment in favor of the plaintiff, the issue of execution thereon, the delivery thereof to said Holmes, and his neglect thereon, in 1821. It then alleged…
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This was a scire facias against the defendant,-as the bail of Shiverie Holmes, sheriff of the county of Franklin in the year 1821. The declaration, after setting out the appointment of said Holmes in 1820, and the entering into the bond of recognizance by the defendant, in common form, proceeded to allege the recovery of a judgment in favor of the plaintiff, the issue of execution thereon, the delivery thereof to said Holmes, and his neglect thereon, in 1821. It then alleged the commencement of an action and recovery of a judgment, by the plaintiff, against said Holmes, for said neglect in…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
The statute provides, -where a judgment has been obtained against a sheriff for a default or neglect of official duty, and an execution issued thereon, on which there is a return of non est inventus, or a commitment to prison, then a scire facias may be sustained against the bail of the sheriff. It is on that statute this action is founded ; and inasmuch as it appears by the declaration, that after the judgment was obtained against the sheriff, it lay unexecuted several years, and then a scire facias was sued out thereon against said…
2Cited by9 opinions
- Smith v. StevensIllinois Supreme Court · 1890
- Betts v. JohnsonSupreme Court of Vermont · 1896
- Shea v. StarrSupreme Court of New Hampshire · 1913
- Allen v. PattersonSupreme Court of Colorado · 1920
- Rice v. TalmadgeSupreme Court of Vermont · 1848
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