Kenerson v. Bacon
Supreme Court of Vermont
Action for false imprisonment. The defendant pleaded the general issue, and several special pleas, justifying the imprisonment by virtue of a writ. Trial by jury, September term, 1868, Wilson, J., presiding.
Read the full summary
Action for false imprisonment. The defendant pleaded the general issue, and several special pleas, justifying the imprisonment by virtue of a writ. Trial by jury, September term, 1868, Wilson, J., presiding. The defendant, at the time of the imprisonment, was a deputy sheriff for the county of Washington, and «on the 16th day of February, 1864, a writ was placed in his bands, in favor of John P. Dewey of Montpelier, against the plaintiff, returnable to the then nest term of the Washington •county court. The writ was against the plaintiff’s body, and an affidavit had been filed as the law…
1Opinion of the Court
Tbe opinion of the court was delivered by
Peout, J.
The facts pleaded by tbe defendant and relied upon as justifying tbe arrest and imprisonment of the plaintiff, for which this action is brought, are substantially, that the defendant was a deputy sheriff and had for service a writ of attachment and capias against the plaintiff, issued in conformity to law, which he served by arresting and committing the plaintiff to jail, on his neglect to give security or bail for his appearance to answer to the suit thus commenced. The General Statutes (ch. 33 § 78) relating to the imprisonment of debtors,…
2Cases cited3 opinions
- Hall v. RaySupreme Court of Vermont · 1868
- Bond v. WilderSupreme Court of Vermont · 1844
- Briggs v. GleasonSupreme Court of Vermont · 1856
3Cited by5 opinions
- Gibson v. HolmesSupreme Court of Vermont · 1905
- In re EdsonSupreme Court of Vermont · 1912
- County of Riverside v. McLaughlinSupreme Court of the United States · 1991
- Apoeal of LarsonVermont Superior Court · 2001
- County of Riverside v. McLaughlinSupreme Court of the United States · 1991