Abells v. Chipman
Supreme Court of Vermont
TRESPASS on the case, for an escape. The declaration sets forth, that the plaintiff, on - 1 the 10th day of July, 1795, purchased out his writ of attachment • against one Benjamin Barnes, returnable before Boswell Hopkins, Esquire, one of the Justices of the Peace within and for said County, on the 18th of said July. That he committed this writ to Azariah J Painter: the sheriff’s deputy, who arrested the body , , J of 'Barnes, and took one Risden as bail.
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TRESPASS on the case, for an escape. The declaration sets forth, that the plaintiff, on - 1 the 10th day of July, 1795, purchased out his writ of attachment • against one Benjamin Barnes, returnable before Boswell Hopkins, Esquire, one of the Justices of the Peace within and for said County, on the 18th of said July. That he committed this writ to Azariah J Painter: the sheriff’s deputy, who arrested the body , , J of 'Barnes, and took one Risden as bail. That on the day of the Court, in open Court, Risden delivered up his principal. That the sheriff’s deputy, Painter, being present, the…
1Opinion of the Court
Sed per Curiam.
It cannot be admitted. The officer s refusal is dehors the record, which merely shews that the Justice ordered Barnes into custody. Indeed this circumstance, if it existed, would have *379been very improperly attached to the record. When a magistrate of this State commands a proper officer to do a legal duty, his consent is to be presumed.
The cause now went to the Jury, upon the specifications of the record.
The Court, in their charge to the Jury, observed, that they had no doubt but that, upon the surrender of the principal-by bail on mesne process in a Justice’s Court, the Justice…
2Cited by3 opinions
- Gibson v. HolmesSupreme Court of Vermont · 1905
- Worthen v. PrescottSupreme Court of Vermont · 1887
- State v. Aaron LaborSupreme Court of Vermont · 2023