Paine v. Ely
Supreme Court of Vermont
THIS was an action on a bond assigned by the Sheriff of Windsor County to the plaintiff, conditioned, that Joel Ely, then a prisoner in the common gaol in said Windsor, on execution in favor of the plaintiff, should not depart the liberties of said prison, &c.
Read the full summary
THIS was an action on a bond assigned by the Sheriff of Windsor County to the plaintiff, conditioned, that Joel Ely, then a prisoner in the common gaol in said Windsor, on execution in favor of the plaintiff, should not depart the liberties of said prison, &c. (in common form.) Breach assigned, that the said Joel did depart, contrary to the condition; whereupon, &c. pleaded in bar, in substance, that after the execution of said bond, viz. on the 29th day of June, 1789, the said Joel Ely made application to Elias Weld, one of the Judges of the County Court, for said County, who thereupon…
1Opinion of the Court
Chipman, Ch. J.
The statute in question gives a privilege to the debtor, in derrogation of the common law right of the creditor ; the right of holding the debtojr in custody until he obtain legal satisfaction. This privilege is given to the debtor, not for his own sake, but for the sake of the publick, who are interested in his labour, and in favour of humanity. The debtor does not demand a remedy against the creditor for an injury he has sustained, the statute is not, therefore, technically speaking, remedial; .but, the case does not turn on this point. The question is, whether there has been…
2Cited by5 opinions
- In re Scott's AccountSupreme Court of Vermont · 1863
- Hammond & Draper v. Wilder & LockeSupreme Court of Vermont · 1853
- School District No. 1 v. Town of BridportSupreme Court of Vermont · 1891
- McNulty v. ConnewIndiana Supreme Court · 1875
- Planters' & Mechanics' Bank of Columbus v. ChipleyMuscogee County Superior Court, Ga. · 1842