Yatter v. Pitkin & Miller
Supreme Court of Vermont
Soire eaoias brought by the plaintiff against the defendants on their liability as bail in an action of tort in which the plaintiff recovered final judgment in the Supreme Court for Washington County, against one Omer Miller and took out execution thereon. This action was brought to the Supreme Court for Washington County and was heard on the report of a referee appointed to find and report the facts.
Read the full summary
Soire eaoias brought by the plaintiff against the defendants on their liability as bail in an action of tort in which the plaintiff recovered final judgment in the Supreme Court for Washington County, against one Omer Miller and took out execution thereon. This action was brought to the Supreme Court for Washington County and was heard on the report of a referee appointed to find and report the facts. Before the referee the plaintiff introduced in evidence the officer’s return' of his doings as endorsed on the execution, and relied upon that to show that the execution was returned January 12,…
1Opinion of the CourtStart, J.
The action is soire facias. The plaintiff seeks to charge the defendants as ■ bail for the amount of a judgment of this court in an action of tort against one Omer Miller; and *257the issue is, did the plaintiff cause a legal return of non est inventus to be made on the execution within sixty days from the time of rendering final judgment.
At the time the judgment was rendered, E. L., sec. 1538, was in force, which provides that no execution shall issue on a judgment of the Supreme or County Court until twenty-four hours after the rising of the court, unless by special permission. E, L., sec.…
2Cases cited9 opinions
- Eastman v. CurtisSupreme Court of Vermont · 1832
- White River Bank v. DownerSupreme Court of Vermont · 1857
- Swift v. CobbSupreme Court of Vermont · 1838
- Cozine v. . WalterNew York Court of Appeals · 1873
- Sawyer v. HarmonMassachusetts Supreme Judicial Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Columbian Granite Co. v. W. C. Townsend & Co.Supreme Court of Vermont · 1902
- Shapiro v. ReedSupreme Court of Vermont · 1924