McFarland v. Wilbur
Supreme Court of Vermont
Scire Facias against the defendant as bail on mesne process for one Elbridge Wilbur, who was arrested on the 1st of April, 1861, upon a writ in the plaintiff’s favor against him, in an action on the case, returnable before a justice of the peace, upon which writ the defendants, on the day of Wilbur’s arrest, endorsed their names as his bail.
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Scire Facias against the defendant as bail on mesne process for one Elbridge Wilbur, who was arrested on the 1st of April, 1861, upon a writ in the plaintiff’s favor against him, in an action on the case, returnable before a justice of the peace, upon which writ the defendants, on the day of Wilbur’s arrest, endorsed their names as his bail. The declaration duly set forth the arrest of Elbridge Wilbur on such writ, and the act of the defendants in becoming his bail, the rendition of a judgment in favor of the plaintiff in such action, both by the justice of the peace and by the county court…
1Opinion of the Court
Poland, Ch. J.
The first five pleas of the defendants allege in substance, that after they became hail for Elbridge Wilbur, and before the return day of the writ, in consideration that the defendants would forbear to take and secure the body of the said Elbridge Wilbur, for the purpose of surrendering him at the justice court, in discharge of themselves as bail, and would cause the said Elbridge to appear personally and attend said court, the plaintiff promised that such acts should be a full discharge of their liability as bail for the said Elbridge ; and the pleas allege that relying on the…
2Cases cited3 opinions
- Aiken v. RichardsonSupreme Court of Vermont · 1843
- Sayward v. ConantMassachusetts Supreme Judicial Court · 1814
- Belknap v. DavisSupreme Court of Vermont · 1849
3Cited by2 opinions
- Steelman v. MattixSupreme Court of New Jersey · 1876
- Walker v. WatermanSupreme Court of Vermont · 1877