Kendall v. Dodge
Supreme Court of Vermont
Action of debt on a jail bond, dated-,-August 10, 1816, Cxecu-Sed by said Dodge, as principal, and Waterman, as surety, to Chapin Keith, sheriff, of Washington county, and by said" Keith, on the 1st day of June, i 820, after the breach of the condition, assigned to the plaintiff and one John Kendall, since deceased,whom the plaintiff survived. The breach was alleged to have been on Vhe 30th day ofNovember, 1819. The defendants pleaded, 1st. JYon est factum. 2d.
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Action of debt on a jail bond, dated-,-August 10, 1816, Cxecu-Sed by said Dodge, as principal, and Waterman, as surety, to Chapin Keith, sheriff, of Washington county, and by said" Keith, on the 1st day of June, i 820, after the breach of the condition, assigned to the plaintiff and one John Kendall, since deceased,whom the plaintiff survived. The breach was alleged to have been on Vhe 30th day ofNovember, 1819. The defendants pleaded, 1st. JYon est factum. 2d. That said sheriff did not on said first day of June, 1820, nor at any other time, after the condition of the bond was broken, assign…
1Opinion of the Court
Prentiss, Ch. J.,
pronounced the opinion of the Court. — The questions to be decided arise upon several issues of law joined in the case, and upon exceptions taken to the instructions given to the jury on the trial of the issue of fact.
The question presented by the fifth plea, which involves the va - lidity of the special act of the legislature, discharging the judgement debtor from imprisonment on the plaintiff’s execution, is settled by the case of Ward vs. Barnard, 1 Aik. Rep. 121, and the case of Lyman vs. Mower, 2 Vt. Rep. 517, decided at the last term in Windsor county ; and the question…
2Cases cited3 opinions
- Ward v. BarnardSupreme Court of Vermont · 1825
- Keith v. WareSupreme Court of Vermont · 1829
- Lyman v. MowerSupreme Court of Vermont · 1830
3Cited by1 opinion
- Davison v. JohonnotMassachusetts Supreme Judicial Court · 1844