Legal Opinion

Dyer v. Cleaveland

Supreme Court of Vermont

Decided February 15, 1846PublishedCited by 4 opinions

Debt on jail bond. The plaintiff averred in his declaration, that at the April Term, 1842, of Rutland county court he recovered judgment against the defendant Cleaveland for a sum in damages and costs; that afterwards, on the sixth day of October, 1842, he took out an execution, in due form of law, upon his judgment, and delivered it to the sheriff to levy, serve and return according to law; that on the fifth day of December, 1842, the sheriff, for want of goods and estate…

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Debt on jail bond. The plaintiff averred in his declaration, that at the April Term, 1842, of Rutland county court he recovered judgment against the defendant Cleaveland for a sum in damages and costs; that afterwards, on the sixth day of October, 1842, he took out an execution, in due form of law, upon his judgment, and delivered it to the sheriff to levy, serve and return according to law; that on the fifth day of December, 1842, the sheriff, for want of goods and estate of Cleaveland, whereof to levy the debt, arrested his body and committed him to the jail in the county of Rutland, within…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The first question presented for our consideration is, whether, in an action of debt upon a jail bond, nil debet is a good plea. When the plaintiff counts upon a deed only as inducement to the action, nil debet is a good plea. In an action of debt for rent, due on a deed of lease, the deed is but inducement. The subsequent occupation by the defendant under the demise is the.gist of the action. Rent is considered as a profit, which issues out of the land, and when sued for as a debt, it is considered, that the debt arises out of the receipt…

2Cited by4 opinions

  1. Harmon v. McDonaldMassachusetts Supreme Judicial Court · 1905
  2. Turner v. EsselmanSupreme Court of Alabama · 1849
  3. Long v. DickersonU.S. Circuit Court for the District of Southern New York · 1879
  4. White v. MurraySupreme Court of Rhode Island · 1897

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