Keith v. Ware
Supreme Court of Vermont
This was an action of debt upon a penal bond of $200, givenW to the plaintiff, as Sheriff of the county of Washington, dated October 22d, 1817, conditioned, in the statute form, for said ' Ware’s remaining within the liberties of the prison ; he being committed on an execution in favor of Day and Willians, against# him for about $90. The defendants pleaded several pleas in bar, to which the plaintiff demurred.
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This was an action of debt upon a penal bond of $200, givenW to the plaintiff, as Sheriff of the county of Washington, dated October 22d, 1817, conditioned, in the statute form, for said ' Ware’s remaining within the liberties of the prison ; he being committed on an execution in favor of Day and Willians, against# him for about $90. The defendants pleaded several pleas in bar, to which the plaintiff demurred. The substance of the first plea was, that Ware escaped, &c. on the first day of December, 1818, which was then well known to the plaintiff — that thereby an action accrued to said Day…
1Opinion of the CourtHutchinson, J.
delivered the opinion of the Court. — The first and second pleas in bar are defective. They exhibit no facts, which evince, that any cause of action accrued, in favor of Dáy and Williams against the plaintiff, more than six years before the commencement of this action. If the sheriff had taken no bond of the prisoner, the statute would run from the time of the escape. *178w^ere sheriff takes a legal bond of the prisoner, the statute is express, that no action li'es against the sheriff for an es-caPeJ or other cause named in the bond, until demand made of the sheriff for the, bond : nor then, if…
2Cited by2 opinions
- Kendall v. DodgeSupreme Court of Vermont · 1830
- Davison v. JohonnotMassachusetts Supreme Judicial Court · 1844