Tute v. James
Supreme Court of Vermont
Scire Facias on a recognizance entered into by the defendants as sureties for James A. Kendall, deceased, conditioned for the faithful performance by said Kendall, of his duties as sheriff of Orleans County, for not paying over money by him collected on an execution in favor of the plaintiff. The defendants filed six pleas in bar and a notice of special matter.
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Scire Facias on a recognizance entered into by the defendants as sureties for James A. Kendall, deceased, conditioned for the faithful performance by said Kendall, of his duties as sheriff of Orleans County, for not paying over money by him collected on an execution in favor of the plaintiff. The defendants filed six pleas in bar and a notice of special matter. The case was referred, and the referee reported as follows: On January 8, 1866, the plaintiff sued out a writ of attachment against E. Fuller & Co., returnable to the June Term of the Orleans County Court, demanding in damages the sum…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
When this case was before the Supreme .Court at the August Term, 1873 (46 Vt. 60), it was determined that an action of scire facias could not be maintained against the sureties of a deceased sheriff until the extent of the liability of the sher*128iff’s estate had become fixed by an allowance against it for the 'damage sustained by reason of the official misconduct, default,, or neglect complained of. The referee has found that the claim sought to be recovered in this action has been allowed by the commissioners on the deceased sheriff’s estate,…
2Cases cited6 opinions
- Richardson v. Estate of MerrillSupreme Court of Vermont · 1859
- Porter v. GileSupreme Court of Vermont · 1874
- Brock v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1862
- Chamberlain v. GodfreySupreme Court of Vermont · 1863
- Kimball v. Town of NewportSupreme Court of Vermont · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ballantine & Sons v. FennSupreme Court of Vermont · 1911