Raymond v. Southerland
Supreme Court of Vermont
This was an action of debt upon a jail bond. The declaration was in the usual form. The defence was presented in a special plea in bar, which set forth a petition from the principal debtor to the jail commissioners for his liberation on taking the oath prescribed by law for poor debtors ; the citation issued by said commissioners to the creditor, and service and return of the same ; the decision of said commissioners admitting him to said oath, and their making and…
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This was an action of debt upon a jail bond. The declaration was in the usual form. The defence was presented in a special plea in bar, which set forth a petition from the principal debtor to the jail commissioners for his liberation on taking the oath prescribed by law for poor debtors ; the citation issued by said commissioners to the creditor, and service and return of the same ; the decision of said commissioners admitting him to said oath, and their making and delivering two certificates, in the form prescribed by law, one said debtor, and the other to the keeper oí the prison ; which…
1Opinion of the Court
Hutchinson, C. J.,
after stating the case, delivered the opinion of the Court. — The members of the Court are not exactly agreed, with regard to the principal point intended to be submitted to us by the parties; yet are agreed in the final disposition of the cause.
The issue joined by the parties seems to embrace the question, whether the creditor, Raymond, had notice of the complaint and citation, and an opportunity to appear, and object to the debtor’s being admitted to take the oath. The exceptions to the decisions on trial present two questions, that have now been argued. The defendants…
2Cases cited3 opinions
- Simms v. SlacumSupreme Court of the United States · 1806
- Hathaway v. HolmesSupreme Court of Vermont · 1828
- Childs v. MorseSupreme Court of Vermont · 1802
3Cited by4 opinions
- Lawson v. JeffriesMississippi Supreme Court · 1873
- Anderson v. DeweySupreme Court of Connecticut · 1917
- In Re BlakeSupreme Court of Vermont · 1934
- Brown v. MasonSupreme Court of Vermont · 1868