Howe v. Ransom
Supreme Court of Vermont
This was n:i nofion-oí scire facias against the defendant who had become bail for one Leonard Brown, by|endorsing his name onjthe back of an original writ in favor of the plaintiff against the said ' Brown, agreeably to the 28 th and 29th sections of the Judiciary act (page 66 of Rev. Laws.) The declaration stated, that the writ of attachment against Brown was sued out oh the 15th day of October, 1825, and made returnable to a justice of the peace, on the 25th of the same…
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This was n:i nofion-oí scire facias against the defendant who had become bail for one Leonard Brown, by|endorsing his name onjthe back of an original writ in favor of the plaintiff against the said ' Brown, agreeably to the 28 th and 29th sections of the Judiciary act (page 66 of Rev. Laws.) The declaration stated, that the writ of attachment against Brown was sued out oh the 15th day of October, 1825, and made returnable to a justice of the peace, on the 25th of the same month- — That said writ was given to an officer to be served, who on the ISth. of the same month, by virtue of said writ,…
1Opinion of the CourtPrentiss, J.
delivered the decision of the court. In the argument, several exceptions have been taken to the sufficiency of the scire facias, on the ground of informality and duplicity ; but as these defects are not assigned specially as causes of demurrer, they cannot be noticed. The demurrer being general, the only inquiry is, whether the suit sets forth substantially enough to charge the defendant as bail.
It appears that the execution against the principal was issued and dated the 25th day of April; was put into the hands of the officer-the 9th of May, and returned into the clerk’s office the 19th of…
2Cases cited1 opinion
- Runlet v. WarrenMassachusetts Supreme Judicial Court · 1811
3Cited by3 opinions
- Neff v. CluteNew York Supreme Court · 1852
- Strang v. BarberNew York Supreme Court · 1800
- Lichten & Backer v. MottSupreme Court of Georgia · 1851