Weed v. Preston
Supreme Court of Vermont
Heard on the report of a referee, June Term, 1880, Powers, J. presiding. Judgment for defendant. Action, to recover damages for taking an insufficient jail bond.
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Heard on the report of a referee, June Term, 1880, Powers, J. presiding. Judgment for defendant. Action, to recover damages for taking an insufficient jail bond. The case is stated in the opinion. ■ When a debtor is committed on execution, and the jailor lets him go on jail bond, he guarantees to the creditor the actual sufficiency of the bond, and to satisfy the judgment that may be recovered on the bond, if an escape is committed by the debtor, 12 Yt. 611; 1 Tyler, 213 ; 21 Vt. 398. claimed substantially as is held by tbe court.
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The question presented, as appears from the report, is whether the defendant, a sheriff, is holden to respond to the plaintiff for damages sustained by reason of the escape of one Little, a judgment debtor to the plaintiff, from the liberties of the jail yard in Caledonia County. The said Little, and J. D. Abbott as surety, executed to the defendant a jail bond in the usual form, and thereupon Little was admitted to the liberties of the jail yard as provided by statute. After his escape the bond was duly assigned to the plaintiff, who brought…
2Cases cited2 opinions
- White River Turnpike Co. v. Vermont Central Rail RoadSupreme Court of Vermont · 1849
- Udall v. RiceSupreme Court of Vermont · 1801