Hoar v. Commissioners of Jail Delivery
Supreme Court of Vermont
David Hoar, a prisoner in the common jail in the county of Franklin, was confined in prison by virtue of an execution, issued on judgment tendered by the county court in said county, at the term thereof holden in April, 1 828, in an action of trespass, at the suit of Stephen Davis.
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David Hoar, a prisoner in the common jail in the county of Franklin, was confined in prison by virtue of an execution, issued on judgment tendered by the county court in said county, at the term thereof holden in April, 1 828, in an action of trespass, at the suit of Stephen Davis. At an adjourned term of the court, hol-den in June, 1828, the court, on the motion of Davis, made, and ordered to be entered upon the record, an adjudication, that the cause of action in said suit accrued from the wilful and malicious act of the'defendant; and execution was issued, with, a minute of said…
1Opinion of the CourtPrentiss, J.
delivered the opinion of the court. — The judgment on which the execution was issued against the prisoner, by virtue of which he is confined, was rendered at the stated term of the county court holden in April, 1828, and the adjudication that the act from which the cause of action accrued was wilful and malicious, was made, and entered upon the record, at a term of the court holden by adjournment in June after. By the statute of 1823, it is enacted, that every person, who shall be imprisoned *403by virtue of any execution, issued on a mdgment, recovered m any action ol debt, detinue, replevin,…
2Cases cited1 opinion
- Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
3Cited by4 opinions
- Matter of Mae Disorda SavageSupreme Court of Vermont · 1941
- Day v. LambSupreme Court of Vermont · 1835
- Bradish v. StateSupreme Court of Vermont · 1862
- Downer v. BattlesSupreme Court of Vermont · 1931