Town of Barnet v. Abbott
Supreme Court of Vermont
Debt on the official bond of a town officer. Plea in abatement. Demurrer to the plea. This cause was heard at the June Term, 1878, upon the demurrer to the plea in abatement. The demurrer was sustained and the plea adjudged insufficient; and -the parties pleading, ordered to answer over. Exceptions by the defendants Hazelton, Brock and Clement. Exceptions allowed and ordered to lie. The case was referred to Hon. H. Henry Powers.
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Debt on the official bond of a town officer. Plea in abatement. Demurrer to the plea. This cause was heard at the June Term, 1878, upon the demurrer to the plea in abatement. The demurrer was sustained and the plea adjudged insufficient; and -the parties pleading, ordered to answer over. Exceptions by the defendants Hazelton, Brock and Clement. Exceptions allowed and ordered to lie. The case was referred to Hon. H. Henry Powers. At the June Term, 1879, Caledonia County, Ross, J. presiding, sustained, proforma, the plaintiff’s exceptions to the master’s report; and, pro forma, rendered…
1Opinion of the Court
*128The opinion of the court was delivered by
Redfield, J.
This action is debt upon an official bond of the defendant Abbott as town treasurer of the plaintiff town ; and purports to have been executed by said Abbott as principal, and the other defendants as his sureties.
The bond declared upon is dated, and purports to have been executed on the 16th day of March, 1877 ; but the report finds that it was in fact executed in December, 1877. The bond names the offices of Abbott; and the signers covenant that he “ shall faithfully execute the offices of treasurer and trustee, to which offices he was…
2Cases cited1 opinion
- Hatch v. Inhabitants of AttleboroughMassachusetts Supreme Judicial Court · 1867
3Cited by6 opinions
- In Re Estate of EverettSupreme Court of Vermont · 1941
- Raytheon Mfg. Co. v. Radio Corporation of AmericaCourt of Appeals for the First Circuit · 1935
- Vermont Accident Insurance v. FletcherSupreme Court of Vermont · 1914
- Metropolitan Life Insurance v. BenderNew York Court of Appeals · 1891
- Metropolitan Life Insurance v. McCoyNew York Supreme Court · 1886
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