Mangan's Admx. v. Smith

This is a petition to vacate the close jail certificate upon the execution in this case, upon which the defendant was committed to the county jail, brought on October 6, 1949, after his voluntary escape and after his return to jail. The cause comes here upon the plaintiff’s exceptions to the order vacating the close jail certificate.

As shown in Mangan v. Franzoni, 116 Vt 351, 75 A2d 665, this plaintiff, on April 4, 1949, brought an action against the sheriff and keeper of the jail for such escape, and has prosecuted such suit to judgment. In that cause we held the sheriff was liable for a…