Bank of Middlebury v. Town of Rutland
Supreme Court of Vermont
Case, for the alleged neglect or default of the second constable of the defendant town for taking an insufficient replevin bond. Plea, the general issue, and trial by jury, at the June Term, 1859, in Addison county, — Bennett, J., presiding.
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Case, for the alleged neglect or default of the second constable of the defendant town for taking an insufficient replevin bond. Plea, the general issue, and trial by jury, at the June Term, 1859, in Addison county, — Bennett, J., presiding. The plaintiffs introduced evidence to show that they commenced a suit in their favor, on the 21st of November, 1853, against the Rutland & Washington railroad company, and attached as their property thereon, four locomotives, the value of which was more than sufficient to pay their demand, and that they obtained a judgment thereon; that execution was…
1Opinion of the CourtAldis, J.
The main question in this case is as to the true construction of our statutes requiring the • officer, who serves a wtíí of replevin of goods attached, to .take a bond with sufficient surety. What is the measure of the sufficiency required ?
Three views are taken upon this subject.
I. That the surety must be apparently responsible, the officer acting in good faith, and making diligent and reasonable inquiry. This is<th'e position of the defendants.
II. That it is not enough that the surety be apparently responsible, but that he must be really so ; so that though in good *425credit and apparently…
2Cases cited6 opinions
- Sparhawk v. BartletMassachusetts Supreme Judicial Court · 1806
- Myers v. ClarkSupreme Court of Pennsylvania · 1842
- Rice v. HosmerMassachusetts Supreme Judicial Court · 1815
- Smith v. TrawlConnecticut Superior Court · 1790
- Hazard v. SladeSupreme Court of Vermont · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ellis v. StateWisconsin Supreme Court · 1909
- Blondin v. BrooksSupreme Court of Vermont · 1910
- State v. KellySupreme Court of Vermont · 1973
- Trustees of Caledonia County Grammar School v. HowardSupreme Court of Vermont · 1910
- Wilder v. Davenport's EstateSupreme Court of Vermont · 1886
5 more not listed; retrieve them via the Exa API.