Corey v. Gale
Supreme Court of Vermont
This was an action for money had and received, commenced before a justice of the peace. The minute of the recognizance, entered upon the writ, by the justice, was as follows : ‘ Nathan S. Hill recognized ‘ to the said Benjamin in the sum of ten dollars, and also to ‘ the said Brooks Gale in the further sum of ten dollars, to ‘ insure costs of prosecution, in due form of law, before me,’which minute was signed by the justice who issued the writ The officer’s return, indorsed…
Read the full summary
This was an action for money had and received, commenced before a justice of the peace. The minute of the recognizance, entered upon the writ, by the justice, was as follows : ‘ Nathan S. Hill recognized ‘ to the said Benjamin in the sum of ten dollars, and also to ‘ the said Brooks Gale in the further sum of ten dollars, to ‘ insure costs of prosecution, in due form of law, before me,’which minute was signed by the justice who issued the writ The officer’s return, indorsed upon the writ, was in the words following;— ‘ Orleans County, ss. Albany, December 27, 1838. I ‘ then served this writ…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The recognizance in this case is weft enough. The authority issuing the writ, is not required to enter upon the writ the entire record of the recognizance, but only “ a minute thereof.” If this minute contain the name of the person recognized, and the amount, and intelligibly express the object of its being taken, it is sufficient. All other defects may well be supplied by the record of the recognizance, when finally made. Houghton v. Slack, 10 Vt. R. 520. Foster v. Carpenter, 11 Vt. R. 589. The fact, that, in the present case, the minute…
2Cases cited3 opinions
- Loring v. MansfieldMassachusetts Supreme Judicial Court · 1821
- Rowe v. SmithMassachusetts Supreme Judicial Court · 1820
- Strong v. McConnellSupreme Court of Vermont · 1838
3Cited by7 opinions
- Ross v. ShurtleffSupreme Court of Vermont · 1882
- Connecticut & Passumpsic Rivers Railroad v. NewellSupreme Court of Vermont · 1858
- Cushman v. Estate of HallSupreme Court of Vermont · 1856
- Burbank v. NorrisSuperior Court of New Hampshire · 1807
- Harbek v. Carpenter-Robinson Co.Supreme Court of Minnesota · 1913
2 more not listed; retrieve them via the Exa API.