State Treasurer v. Wells
Supreme Court of Vermont
Recognizance. Supersedeas. Debt on a recognizance. The declaration set forth the granting of a tax by the legislature, the issuing of a warrant, for the collection of a portion thereof, to the constable of' Poultney, his delinquency, the issue and return unsatisfied of an extent against him, and the issuing thereupon of an extent against the inhabitants of Poultney, the receipt of said extent by the sheriff of Eütland county and a levy of it upon personal property, the…
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Recognizance. Supersedeas. Debt on a recognizance. The declaration set forth the granting of a tax by the legislature, the issuing of a warrant, for the collection of a portion thereof, to the constable of' Poultney, his delinquency, the issue and return unsatisfied of an extent against him, and the issuing thereupon of an extent against the inhabitants of Poultney, the receipt of said extent by the sheriff of Eütland county and a levy of it upon personal property, the advertisement of said property for sale, the praying out, by the town of Poultney, of a writ of audita querela signed by a…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The questions in this case arise upon a general demurrer to the declaration. The action is debt on a recognizance taken on the allowance of the writ of audita querela. The Comp. Stat. 292, § 7, provides that the judge, allowing a writ of audita querela, shall take sufficient security by way of recognizance for the redelivery of the body or estate to the custody of the officer, if the same shall be awarded, and for the payment of all intervening damages, and in default thereof, the payment of the debt and costs. If neither the body or estate is…
2Cases cited7 opinions
- Bridge v. FordMassachusetts Supreme Judicial Court · 1808
- Vose v. DeaneMassachusetts Supreme Judicial Court · 1811
- Green v. ShurtliffSupreme Court of Vermont · 1847
- Stedman v. IngrahamSupreme Court of Vermont · 1850
- Billings v. AverySupreme Court of Connecticut · 1828
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re Estate of RushfordSupreme Court of Vermont · 1941
- First National Bank of Plattsburg v. PostSupreme Court of Vermont · 1892