Sherwood v. Pearl
Supreme Court of Vermont
SPECIAL action on the case for taking insufficient bail. Plaintiff declares, that defendant was sheriff of Chittenden County, during the years 1793, 1794, 1795 and 1796. That be purchased out a writ of attachment returnable to Chittenden County Court, dated 23d July, 1793, against John Ledgerd, which he delivered to Enos Wood, then deputy to the defendant, to serve and return according to law, who on the 30th of the same July, arrested the body of Ledgerd, and accepted one…
Read the full summary
SPECIAL action on the case for taking insufficient bail. Plaintiff declares, that defendant was sheriff of Chittenden County, during the years 1793, 1794, 1795 and 1796. That be purchased out a writ of attachment returnable to Chittenden County Court, dated 23d July, 1793, against John Ledgerd, which he delivered to Enos Wood, then deputy to the defendant, to serve and return according to law, who on the 30th of the same July, arrested the body of Ledgerd, and accepted one Robert Works as his bail. That at the February term of the County Court, 1795, he recovered judgment against Ledgerd for…
1Per curiam
The non est returned upon the writ ©f execution issued upon the judgment rendered in the action of scire facias, may be so far impeached, that the defendant may shew in evidence, that Robert Works, the bail, was of sufficient property to respond the judgment on the 10th of August, 1796, when the writ of execution on the sci. fa. is dated and was issued.
Samuel Miller and Daniel Chipman, for the plaintiff. Ames Marsh and W. C. Harrington, for defendant.
The defendant failing to shew this, a verdict was taken for the plaintiff by consent, subject to the opinion of the Court on the point reserved.
V…
2Cited by2 opinions
- Mason v. ChaseSupreme Court of Vermont · 1955
- Gerrish v. EdsonSuperior Court of New Hampshire · 1817