Turner v. Lowry
Supreme Court of Vermont
THIS was an action on the case, for a neglect of the defendant’s deputy, in not returning an execution of the plaintiff, within the life, whereby the bail on the plaintiff’s original writ were discharged.
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THIS was an action on the case, for a neglect of the defendant’s deputy, in not returning an execution of the plaintiff, within the life, whereby the bail on the plaintiff’s original writ were discharged. To the plaintiff’s declaration the defendant pleaded, 1st, the general issue, and 2dly, the following special plea in bar:-™ And for further- plea in this behalf, the defendant-, by leave of the Court, pleads and says that the plaintiff, from having and maintaining his said action ought to be barred, because, he says, that although it is true that the defendant, as sheriff of the county of…
1Opinion of the Court
The opinion of the Court was pronounced by
Hutchinson, J.
The principal question raised, and now to be decided, is, whether the defendant returned the execution in such season as to charge the bail, who became such on the original writ. If it was thus returned in season, the plaintiff has no reason to complain, for the return indorsed upon the execution tends to, and is sufficient for that object, if made in time. But if not made in time, the bail thereby became discharged.
Reference is had to several statutes, and recourse to several arguments, to elucidate this point, and ascertain the true…
2Cited by12 opinions
- Murby v. United StatesCourt of Appeals for the First Circuit · 1923
- Gibson v. HolmesSupreme Court of Vermont · 1905
- United States v. ClarkDistrict Court, S.D. Alabama · 1924
- Kidder v. BarkerSupreme Court of Vermont · 1846
- Roberge v. Town of TroySupreme Court of Vermont · 1933
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