Weed v. Abbott
Supreme Court of Vermont
Debt on a jail bond taken from John M. Little as principal, and the defendant as surety, by the sheriff of Caledonia County, and by him assigned to the plaintiff. The declaration alleged that by a clerical error the bond set forth that the execution on which Little was committed, issued on a judgment recovered before Henry W. Adams, a justice of the peace; and was signed by said J. D. Abbott, Justice of the Peace. The defendant craved oyer of the bond, and demurred.
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Debt on a jail bond taken from John M. Little as principal, and the defendant as surety, by the sheriff of Caledonia County, and by him assigned to the plaintiff. The declaration alleged that by a clerical error the bond set forth that the execution on which Little was committed, issued on a judgment recovered before Henry W. Adams, a justice of the peace; and was signed by said J. D. Abbott, Justice of the Peace. The defendant craved oyer of the bond, and demurred. The obligatory part of the bond was in common form. The condition was as follows: The condition of the above bond is such, that…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The defendant by oyer having brought the bond and its condition upon the record, the question raised by the demurrer is, whether the bond and its condition show a legal commitment of John M. Little to the jail in Caledonia County, so that the defendant is liable as surety on the bond for the escape or departure of Little from the limits of the jail yard. The conditions of the bond must show a legal commitment of Little, in order that the plaintiff may hold Abbott liable as surety on the bond for his escape or departure from the limits of the…
2Cases cited2 opinions
- Richmond v. WoodardSupreme Court of Vermont · 1860
- Wood v. CochraneSupreme Court of Vermont · 1866
3Cited by3 opinions
- Holland Furnace Co. v. BirdWyoming Supreme Court · 1933
- Deal v. HainleyMissouri Court of Appeals · 1909
- Clark v. MitchellNevada Supreme Court · 1913