Lyman v. Mower
Supreme Court of Vermont
This was an action of debt on jail bond, brought in the name of the administrator of a deceased sheriff for the benefit of the judgement creditor.
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This was an action of debt on jail bond, brought in the name of the administrator of a deceased sheriff for the benefit of the judgement creditor. The sheriff who took the bond died before the condition of it had been broken, to wit, in February, 1820 ; and in October following Edson, the execution debtor, procured an act to’ be passed by the legislature freeing his body from imprisonment on the debtfor which thebond had been taken, and exempting him from arrest for a limited time. After the passing of the act, Edson departed from the prison limits, and the bond was delivered to the creditor,…
1Opinion of the Court
The opinion of the court was delivered by
Prentiss, J.
The question, whether the act, exempting the body of the judgement debtor from arrest for a limited time, and discharging him from his imprisonment on the creditor’s execution, was admissible as a defence to this action, must be considered as settled by the decision in the case of Ward vs. Barnard. — 1 Aik. Rep. 121. The decision in that case did not proceed upon the ground, that the bond was a contract within the provision of the constitution of the United States, prohibiting the state legislatures from passing acts impairing the…
2Cases cited4 opinions
- Mason v. HaileSupreme Court of the United States · 1827
- Ward v. BarnardSupreme Court of Vermont · 1825
- Hall v. WalbridgeSupreme Court of Vermont · 1827
- Woods v. Rowan & CoonNew York Supreme Court · 1809
3Cited by2 opinions
- Dockery v. McDowellSupreme Court of Alabama · 1867
- Kendall v. DodgeSupreme Court of Vermont · 1830