Sherwin v. Bliss
Supreme Court of Vermont
This was a writ of error, brought to reverse a judgement rendered in a suit upon a prison bond. Bliss, the defendant in error, was sheriff of said county, and took the bond in question, and brought the suit in his own name, or suffered the creditor so to bring it, without any assignment of the bond.
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This was a writ of error, brought to reverse a judgement rendered in a suit upon a prison bond. Bliss, the defendant in error, was sheriff of said county, and took the bond in question, and brought the suit in his own name, or suffered the creditor so to bring it, without any assignment of the bond. On inspection of the record, it appeared that said Miner B. Sherwin was committed to prison, upon an execution in favor of Orson H. Saxton and Horace Sherwin, and said Vaughan was his bail. The declaration described a regular judgement of the county court, rendered at the adjourned term, on the…
1Opinion of the Court
Phe opinion of the Court was pronounced l>y
Hutchinson, C. J.
The defendant’s first plea, of nul tiél record, refers to the record of the judgement described in the declaration as the foundation for the execution on which the debtor was committed to prison. That judgement appears correctly described, and was probably proved by the record produced. But there is no question properly before this Court, arising upon that plea. The defendant’s plea of performance concludes with a verification. This would be right or wrong according to the nature of the plea. If it were nothing but a general plea of…
2Cited by2 opinions
- Wilson v. FlemingSupreme Court of Vermont · 1844
- Barber v. Town of BensonSupreme Court of Vermont · 1837