Hubbell v. Dimick
Supreme Court of Vermont
This was an action of debt brought upon a prison bond, given by the defendant to procure the liberties oí the prison for Dimiclc, when confined on are execution in favor of the plaintiff.
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This was an action of debt brought upon a prison bond, given by the defendant to procure the liberties oí the prison for Dimiclc, when confined on are execution in favor of the plaintiff. The defendants pleaded in bar, in substance, that the judgment was rendered upon a note made payable to one Turner Hills, or order, and by him indorsed to the plaintiff; that said Hills lias ever remained, and yet is,- the real creditorthat lie indorsed the note in trust for himself to the plaintiff, who was son-in-law to Truman Squires, one of the commissioners of jail delivery for said county, and cousin…
1Opinion of the Court
Hutchinson J.
delivered the opinion of the court. After noticing the state of the pleadings, and the questions thence arising, he proceeded as follows, to wit:
If Bills, the indorser of the note to the plaintiff, be the real creditor, as the defendant contends, no reason is assigned in the-plea why the other two commissioners, who were not called upon, could not have formed the court without applying to a judge of the-County Court. If so, the judge of the County Court had no right to act, and his proceedings are coram nonjudice. And if Bub-bell, the nominal plaintiff, was the real creditor, it…
2Cases cited2 opinions
- Childs v. MorseSupreme Court of Vermont · 1802
- Brush v. RobinsonSupreme Court of Vermont · 1803
3Cited by1 opinion
- School District No. 1 v. Town of BridportSupreme Court of Vermont · 1891