Fletcher v. Mott
Supreme Court of Vermont
THIS was an action of debt on jail bond, in common form ; but it appeared from the declaration, that the execution, by virtue of which the judgment debtors were committed to the custody of the plaintiff as keeper in chief of the jail, was issued more than a year and a day after the rendition of the judgment against them, and no reason was assigned in the declaration for the delay. General demurrer, to the declaration, and joinder in demurrer.
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THIS was an action of debt on jail bond, in common form ; but it appeared from the declaration, that the execution, by virtue of which the judgment debtors were committed to the custody of the plaintiff as keeper in chief of the jail, was issued more than a year and a day after the rendition of the judgment against them, and no reason was assigned in the declaration for the delay. General demurrer, to the declaration, and joinder in demurrer. It appears from the plaintiff’s declaration, that more than a year and a day had elapsed after the rendition of judgment, before the praying out of…
1Opinion of the CourtPrentiss, J.
The objection raised on the demurrer, to the sufficiency of the plaintiff’s declaration, is, that the execution, by virtue of which the judgment debtor was committed to prison, appears to have been issued more than a year and a day after the judgment; and it is insisted, that this irregularity, so appearing, from the declaration, renders the arrest and imprisonment of the debtor unlawful, and, consequently, the bond given for the liberties of the prison-yard void. It is generally true, that if a judgment lies dormant more than a year and a day, there must be a scire facias to revive it: and…
2Cited by4 opinions
- Koerber v. Middlesex CollegeSupreme Court of Vermont · 1978
- Catlin v. Merchants BankSupreme Court of Vermont · 1864
- Porter v. VaughnSupreme Court of Vermont · 1852
- Chase v. Town of PlymouthSupreme Court of Vermont · 1848