Legal Opinion

Cannon & Warren v. Norton

Supreme Court of Vermont

Decided September 15, 1844PublishedCited by 3 opinions

Debt on a jail bond. The defendant Norton was committed by virtue of an execution, issued from the court of chancery, to compel the payment of money, and executed the bond in question on his admission to the liberties of the prison, and was regularly admitted to the benefits of the poor debtor’s oath. The only question in the case was, whether he was entitled to be discharged on taking that oath, or whether his departure was a breach of the bond.

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Debt on a jail bond. The defendant Norton was committed by virtue of an execution, issued from the court of chancery, to compel the payment of money, and executed the bond in question on his admission to the liberties of the prison, and was regularly admitted to the benefits of the poor debtor’s oath. The only question in the case was, whether he was entitled to be discharged on taking that oath, or whether his departure was a breach of the bond. The county court rendered judgment for the defendants. Exceptions by plaintiffs.

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

The single question in this case is, whether a person, within the limits of the prison, on an execution issued by the court of chancery, is entitled to the benefit of the oath provided by law for poor debtors. It appears that Norton was imprisoned on an execution issuing from the court of chancery, for a sum adjudged to be due to the plaintiffs from him. He was admitted to the liberties of the prison, gave a jail bond, and took the benefit of the act for the relief of debtors in jail, and received his certificates accordingly. The…

2Cited by3 opinions

  1. In re BinghamSupreme Court of Vermont · 1859
  2. In re LeachSupreme Court of Vermont · 1879
  3. Gaffney v. Commissioners of Jail DeliverySupreme Court of Vermont · 1942

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