Young v. Shaw
Supreme Court of Vermont
THIS was an action of debt on recognisance. The declaration set forth the occasion on which the recogniaance was taken, ~md the eondition.-That Guilford D. Young, the present plaintiff, had commenced an action on a note of hand, against Andrew McFarland.
Read the full summary
THIS was an action of debt on recognisance. The declaration set forth the occasion on which the recogniaance was taken, ~md the eondition.-That Guilford D. Young, the present plaintiff, had commenced an action on a note of hand, against Andrew McFarland. On the entry of that action in the County Court, McFarland filed a declaration on book against the plaintiff, Guilford D. Young, under the ninety third section of the~ judiciary act, and Samuel Shaw the now defendant, became recognized before that Court to Cuilford D. Young, for the prosecution of the declaration on book, in favor of…
1Opinion of the Court
The opinion of the Court was delivered by
Chipman, Ch. J.
It is not now a question, whether the County Court ought to have received the declaration of McFarland in that case, without his becoming personally recognized to Young, the then plaintiff, nor does it now appear, whether he did personally recognize or not. But the question is, whether the recognizance, taken of the defendant, Shaw, into which he understandingly entered, and which, as to the occasion, purpose and condition is against *226no law, justice or policy, is illegal and void, merely because not specially authorized by statute on…
2Cited by2 opinions
- White v. HallSupreme Court of Vermont · 1916
- Phelps v. ParksSupreme Court of Vermont · 1832