Angel v. Town of Pownal
Supreme Court of Vermont
This was an action brought against the town of Pownal, for the neglect of Jason Bushnell, constable of said town, in not serving or returning an execution. On the trial in the county court, the offered Busbnell as a witness) who was objected to by the plaintiff on the ground of interest, he being ultimately lia-hie to indemnify the town for his neglects.
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This was an action brought against the town of Pownal, for the neglect of Jason Bushnell, constable of said town, in not serving or returning an execution. On the trial in the county court, the offered Busbnell as a witness) who was objected to by the plaintiff on the ground of interest, he being ultimately lia-hie to indemnify the town for his neglects. The select men of ^le town ^)en gave him a discharge, and the court admitted him, to provetbat the plaintiff had staid the execution. A judgement having been rendered for the defendants, the plaintifffiled exceptions on which the cause was…
1Opinion of the Court
After argument,
Hutchinson, C. J.,
pronounced the opinion of the Court.— There seems no doubt but that the receipt in question would be sufficient to discharge the interest of the witness, if the select men had authority to execute such a release. But this would be the bartering away a sure cause of action against the constable and his bail, for an indemnity, for the chance of getting rid of the present suit. This is not among the prudential affairs of a town, to which the statute refers. If they could discharge the liability of their constable and his sureties, without receiving the amount,…
2Cited by5 opinions
- Dix v. Town of DummerstonSupreme Court of Vermont · 1847
- Town of Cabot v. BrittSupreme Court of Vermont · 1863
- United States v. Curtis. Curtis v. United StatesSupreme Court of the United States · 1879
- Coffin v. KnottSupreme Court of Iowa · 1850
- H. P. Cornell Co. v. BarberSupreme Court of Rhode Island · 1910