Legal Opinion

Worthen v. Prescott

Supreme Court of Vermont

Decided October 15, 1887PublishedCited by 8 opinions

Scire Facias on a recognizance. Heard on demurrer to the declaration, December Term, 1886, Orange County, Walker, J., presiding. Demurrer overruled and declaration held sufficient. Affirmed.

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Scire Facias on a recognizance. Heard on demurrer to the declaration, December Term, 1886, Orange County, Walker, J., presiding. Demurrer overruled and declaration held sufficient. Affirmed. It was alleged that the plaintiffs on the 29th day of December, 1885, commenced an action of assumpsit against one Morey; that the writ was made returnable before E. R. Aldrich, a justice of the peace, on the 27th day of February, 1886 ; that the agent and attorney of the plaintiffs filed with tbe justice, before the issuing of tbe writ, an affidavit, in due form of law, stating that be bad good reason to…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

This is scire facias on a recognizance entered into by the defendant for one Morey before a justice. The declaration is demurred to, which brings in question the validity of the recognizance.

*71The defendant was bail for Morey on a writ issued as a capias against him in an action of assumpsit in favor of the plaintiffs, and on the return day be surrendered bis principal into court in discharge of bimself, and was discharged. Such proceedings were thereupon had in the case that judgment was rendered against Morey for $189.55, damages and costs;…

2Cases cited3 opinions

  1. Nicolls v. IngersoliNew York Supreme Court · 1810
  2. Chase v. HoltonSupreme Court of Vermont · 1839
  3. Abells v. ChipmanSupreme Court of Vermont · 1802

3Cited by8 opinions

  1. County of Los Angeles v. MagaCalifornia Court of Appeal · 1929
  2. Herd v. StateCourt of Special Appeals of Maryland · 1999
  3. Matter of PaquetteSupreme Court of Vermont · 1942
  4. Gibson v. HolmesSupreme Court of Vermont · 1905
  5. In re Von Der AheU.S. Circuit Court for the District of Western Pennsylvania · 1898

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