Walker v. Waterman
Supreme Court of Vermont
Scire Facias against defendant as bail on mesne process for John Knapp. Plea, the general issue, and trial by the court, April Term, 1877, Royce, J., presiding.
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Scire Facias against defendant as bail on mesne process for John Knapp. Plea, the general issue, and trial by the court, April Term, 1877, Royce, J., presiding. It was agreed that plaintiff was entitled to judgment for nominal damages and cost at least; and that at the time judgment was rendered in the original action, and ever after, said Knapp was poor and without property, except a few blacksmith tools, and perhaps a cow, and other things of little importance, that were exempt from attachment. The question was, whether the plaintiff should recover the amount of the judgment in the original…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
From the statement of the case, it appears that the defendant was duly charged as bail on mesne process in favor of the plaintiff against John Knapp. The question presented for consideration _ is in regard to the extent of his liability, and par*109ticularly, whether he can reduce the sum recoverable against him on .scire facias, to nominal damages, by showing that Knapp was poor, and possessed of but little property, and that little of a kind which was exempt from attachment and levy of execution.
By the terms of the statute, the defendant, by…
2Cases cited8 opinions
- Aiken v. RichardsonSupreme Court of Vermont · 1843
- Turner v. LowrySupreme Court of Vermont · 1827
- Kidder v. BarkerSupreme Court of Vermont · 1846
- Muzzy v. HowardSupreme Court of Vermont · 1869
- Converse v. WashburnSupreme Court of Vermont · 1870
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