Allen v. Ogden
Supreme Court of Vermont
Debt upon a jail bond, given by defendants to plaintiff as sheriff of Chittenden county, for the admission of the defendant, Ogden, to the liberties of the jail yard, who had been committed to jail by virtue of a writ of execution, issued on a judgment recovered before Amos Blodget, a justice of the peace, on the 24th of December, 1832, in favor of Frederick Orvis and Morton Cole, against the defendant, Ogden, for ^ 3 0,79 damages and $1,45 costs.
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Debt upon a jail bond, given by defendants to plaintiff as sheriff of Chittenden county, for the admission of the defendant, Ogden, to the liberties of the jail yard, who had been committed to jail by virtue of a writ of execution, issued on a judgment recovered before Amos Blodget, a justice of the peace, on the 24th of December, 1832, in favor of Frederick Orvis and Morton Cole, against the defendant, Ogden, for ^ 3 0,79 damages and $1,45 costs. The defendants pleaded, in substance, 1. That said Ogden had not broken the condition of said bond. 2. That the said judgment was rendered by said…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The court below adjudged that the testimony introduced by the defendants furnished no evidence to support the issues on their part, and, in this, we think they erred. The evidence was certainly prima facie sufficient for that purpose.
The suit, which was on a jail bond executed by the defendant, Catlin, on the admission of the defendant, Ogden, to the liberties of the jail, though brought in the name of Allen, the sheriff, was for the benefit of the creditors named in the execution. The evidence introduced proves that the judgment on…
2Cited by4 opinions
- Porter v. GileSupreme Court of Vermont · 1872
- Pierson v. CatlinSupreme Court of Vermont · 1846
- Benton v. BaileySupreme Court of Vermont · 1877
- Smith v. IngrahamSupreme Court of Vermont · 1850