Treasurer of Vermont v. Merrill
Supreme Court of Vermont
Debt upon a recognizance, entered into by the defendants as sureties and Edward B. Brigham as principal, conditioned for the appearance of said Brigham, before Chittenden county court, at its term, “tp be holden on the last Tuesday, save one, in 1840,” on a charge of burglary. The day of the sitting of the court was the last Tuesday, save one, in August, 1840, and the omission of the month, in the record of the recognizance, was supplied by an averment in the dec* laratioB.
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Debt upon a recognizance, entered into by the defendants as sureties and Edward B. Brigham as principal, conditioned for the appearance of said Brigham, before Chittenden county court, at its term, “tp be holden on the last Tuesday, save one, in 1840,” on a charge of burglary. The day of the sitting of the court was the last Tuesday, save one, in August, 1840, and the omission of the month, in the record of the recognizance, was supplied by an averment in the dec* laratioB. The defendants demurred to the declaration, and judgment was rendered by the county court that the declaration was…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is an action of debt on recognizance. The recognizance is made returnable on the last Tuesday, save one, in 1840, instead of the last Tuesday, save one, in August, 1840. A recognizance is a debt of record. It can exist only of record. It must be proved by the record. The record cannot be contradicted, nor varied, nor its defects supplied by any parol averments merely. It must stand or fall by itself, with the aid of such intendments as the court can reasonably make. In the present case, if the bail had bound themselves to surrender the…
2Cited by6 opinions
- United States v. KeiverU.S. Circuit Court for the District of Western Wisconsin · 1893
- Hunt v. United StatesCourt of Appeals for the Eighth Circuit · 1894
- West v. StateSupreme Court of Florida · 1915
- State v. LamoineSupreme Court of Vermont · 1881
- State v. KinneSupreme Court of New Hampshire · 1859
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