Aiken v. Richardson
Supreme Court of Vermont
Scire facias against the defendant, as bail for one Ithiel S. Richardson, on two writs of attachment against him. The defendant pleaded nut tiel record, on which issue was joined, and, on inspection of the record, found for the plaintiff, The defendant further pleaded, that the original actions were founded on contracts made and entered into after the first day of January, 1839; and that the plaintiff did not, at the time of praying out his writs of attachment, file with the…
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Scire facias against the defendant, as bail for one Ithiel S. Richardson, on two writs of attachment against him. The defendant pleaded nut tiel record, on which issue was joined, and, on inspection of the record, found for the plaintiff, The defendant further pleaded, that the original actions were founded on contracts made and entered into after the first day of January, 1839; and that the plaintiff did not, at the time of praying out his writs of attachment, file with the authority, issuing said writs, an affidavit, stating that he had good reason to believe that the said Ithiel S.…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The affidavit offered in evidence by the plaintiff, was correctly excluded. It neither proved the fact put in issue by the plea and replication, nor was it such as the statute expressly required. This is evident, unless it can be maintained that, within the meaning of the recent statute, being about to leave the state, and, to abscond from it, are to be regarded as equivalent or synonymous expressions. But it is clear that the latter expression should be applied in its popular and correct sense, — that which it has uniformly received under…
2Cases cited5 opinions
- Champion v. NoyesMassachusetts Supreme Judicial Court · 1807
- People v. KentMichigan Supreme Court · 1843
- Dunham v. MacomberNew York Supreme Court · 1830
- Russell v. ChampionNew York Supreme Court · 1833
- Van Ness v. FairchildSupreme Court of Vermont · 1813
3Cited by21 opinions
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Vaughn v. CongdonSupreme Court of Vermont · 1883
- Carleton v. TaylorSupreme Court of Vermont · 1877
- Roy v. PhelpsSupreme Court of Vermont · 1910
- Adams v. FoxSupreme Court of Vermont · 1845
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