Childs v. Morse
Supreme Court of Vermont
DEBT on gaol-bond. The plaintiff declared in debt on gaol-bond, demanding 100 dollars, the penal sum of the bond; and alleged, that on the 16th July, 1800, by the consideration of Horace Beardsley, Esquire, Justice of the Peace, he recovered judgment against the defendant James Morse, for the sum of 11 dols. 37 cts. damages, and 2 dols. 4 cts. costs of suit.
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DEBT on gaol-bond. The plaintiff declared in debt on gaol-bond, demanding 100 dollars, the penal sum of the bond; and alleged, that on the 16th July, 1800, by the consideration of Horace Beardsley, Esquire, Justice of the Peace, he recovered judgment against the defendant James Morse, for the sum of 11 dols. 37 cts. damages, and 2 dols. 4 cts. costs of suit. That on the 15th of August following, he purchased out his alias writ of execution upon the judgment, and delivered the same to the constable of Cabot, who committed Morse to the prison in Danville. That on the same day the defendants…
1Opinion of the Court
Curia.
The citation appears to have been incorrectly drafted, although the object of the statute has been obtained by the service of it. But the Court do not incline to hear further upon exceptions to the mesne process of what is commonly called the Court of Gaol Delivery. They wish to hear a question of greater magnitude argued, which may decide the sufficiency or insufficiency of the bar, over any defects in the primary process.
It appears by the pica, that the defendant Morse, under the provisions of the statute relating to gaols and gaolers, has applied to a Justice of the Peace and a Judge…
2Cited by4 opinions
- Raymond v. SoutherlandSupreme Court of Vermont · 1831
- Haight v. RichardsSupreme Court of Vermont · 1830
- Hubbell v. DimickSupreme Court of Vermont · 1828
- Thornton v. RobinsonSupreme Court of Vermont · 1819