Ward v. Barnard
Supreme Court of Vermont
THIS was an action of debt, on jail bond. The commitment of the defendant to the common jail in Chittenden county, upon an execution in favour of the plaintiff against him, was alleged to have been on the 1 ‘¡tth day of May, 1817; the execution of the said bond, on the same day: an escape from the liberties of said jail, (which was the breach assigned,) on the 1st day of November, 1819, and the assignment of said bond by the sheriff to the plaintiff, on the 30th day of…
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THIS was an action of debt, on jail bond. The commitment of the defendant to the common jail in Chittenden county, upon an execution in favour of the plaintiff against him, was alleged to have been on the 1 ‘¡tth day of May, 1817; the execution of the said bond, on the same day: an escape from the liberties of said jail, (which was the breach assigned,) on the 1st day of November, 1819, and the assignment of said bond by the sheriff to the plaintiff, on the 30th day of August, 1822. To the plaintiff’s declaration, the defendant pleaded the following plea in bar: — Actio non — because, he…
1Opinion of the Court
The opinion of the Court was delivered by
Skinner, Ch. J.
Although the legislature have passed repeated acts similar to that on which the defendant, in this case, relies, and their authority has been as repeatedly questioned, yet, for many years past, no case has occurred, which this Court has been called upon to decide.
The interest which seems to have been excited in the publick mind, the respect due to the opinion of many intelligent citizens, and the peculiar importance attached to every question, involving the constitutionality of an act of the legislature, are considerations which cannot…
2Cited by7 opinions
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