Converse v. Washburn
Supreme Court of Vermont
Scire facias against the defendant as the bail' of one Moody. Trial by the court, March term, 1870, Steele, J., presiding. Plea, mil tiel record ; which issue on inspection was found for the plaintiff. The defendant also gave notice of special matters: 1st. That there was no affidavit, as required by law, filed with the authority issuing the execution. 2d. That the defendant delivered up the said Moody to the court in discharge of himself as bail.
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Scire facias against the defendant as the bail' of one Moody. Trial by the court, March term, 1870, Steele, J., presiding. Plea, mil tiel record ; which issue on inspection was found for the plaintiff. The defendant also gave notice of special matters: 1st. That there was no affidavit, as required by law, filed with the authority issuing the execution. 2d. That the defendant delivered up the said Moody to the court in discharge of himself as bail. It appeared on trial that a proper affidavit was filed, with the justice before the writ of the plaintiff against said Moody was sued out'; that…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
No question is made but that, upon the affidavit of the plaintiff, the writ in his suit against Moody properly issued against the body of Moody. When the defendant became bail for Moody in that suit, he became holden to satisfy the judgment which should be finally rendered therein, in case the plaintiff should cause the execution to be put into the hands of a proper officer *131within thirty clays, and cause a legal return of non est inventus to be made thereon within sixty days, of the time of rendering the judgment, unless he should surrender…
2Cases cited1 opinion
- Davis v. DorrSupreme Court of Vermont · 1858
3Cited by4 opinions
- Watson v. MoldenIdaho Supreme Court · 1905
- Stone v. BriggsSupreme Court of Vermont · 1942
- Wright v. BurbeeSupreme Court of Vermont · 1941
- Walker v. WatermanSupreme Court of Vermont · 1877