Brown v. Mason
Supreme Court of Vermont
This was an action against a sheriff for releasing an absconding debtor, duly arrested, in pursuance of a certificate of an assistant judge of the county court discharging the debtor. The case was referred, and the referee embraced in his report the capias and certificate by virtue of which the debtor was arrested, the entries by the magistrate upon the writ, the docket entries in the county and supreme courts, &c. The title of the case was Brown v. McGowan.
Read the full summary
This was an action against a sheriff for releasing an absconding debtor, duly arrested, in pursuance of a certificate of an assistant judge of the county court discharging the debtor. The case was referred, and the referee embraced in his report the capias and certificate by virtue of which the debtor was arrested, the entries by the magistrate upon the writ, the docket entries in the county and supreme courts, &c. The title of the case was Brown v. McGowan. The defendant introduced and read in evidence a written notice dated May 16th, 1868, (the defendant was arrested May 11th,) from McGowan…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
Sec. 79, ch. 33, Gen. Stat., provides that the arrested debtor may cause reasonable notice to be given to the plaintiff that he will appear, and thereupon he may appear before one of the assistant judges,' &c.
The debtor did give a notice, and in pursuance of it, he did appear before Judge Oakes, and the judge has certified the proceedings before him, and his adjudication. He was authorized to certify said proceedings. He says that “ after proof of due notice to the adverse party, and after full hearing, it was adjudged,” &c. For the purposes…
2Cases cited1 opinion
- Raymond v. SoutherlandSupreme Court of Vermont · 1831
3Cited by2 opinions
- Barber v. ChaseSupreme Court of Vermont · 1928
- Merrimack County v. Town of JaffreySupreme Court of New Hampshire · 1878