Green v. Shurtliff
Supreme Court of Vermont
Scire Facias upon a recognizance for the prosecution of an appeal from the judgment of a justice of the peace, in which the defendant Shurtliff was principal, and the defendant Bell was surety.
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Scire Facias upon a recognizance for the prosecution of an appeal from the judgment of a justice of the peace, in which the defendant Shurtliff was principal, and the defendant Bell was surety. The defendants pleaded mil fiel record, and also pleaded, that, after the commencement of this suit, and more than three days before the sitting of the court to which the writ was made returnable, they tendered to the plaintiff the additional costs” in the appealed suit and the interest upon' that judgment, and the costs which had then accrued in this suit, — which sum they brought into court. To the…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
The first question in the case is as to the sufficiency of the plea of tender. The plea professes to answer the whole declaration ; and, unless the plaintiff’s whole claim is of a character to which a tender may be properly pleaded, the plea must be deemed insufficient.
*596The statute, under which this tender was pleaded, (Rev. Stat. chap. 106, sec. 6,) was not, as we think, intended to extend the right of making a tender to other actions, than those in which a tender might be made at common law; but the object of it was, to allow a tender after…
2Cases cited2 opinions
- Carpenter v. BriggsSupreme Court of Vermont · 1843
- State's Treasurer v. HolmesSupreme Court of Vermont · 1832
3Cited by12 opinions
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1918
- Wilhite v. RyanSupreme Court of Alabama · 1880
- In Re Estate of RushfordSupreme Court of Vermont · 1941
- Kaw Valley Fair Ass'n v. MillerSupreme Court of Kansas · 1889
- Matter of Estate of CahaNebraska Supreme Court · 1976
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