Wheeler v. Pettes
Supreme Court of Vermont
Trespass on the Case against the defendant, as sheriff of the county of Windsor, for the escape of one Pingry, a debtor of the plaintiffs, from the liberties of the jail. The facts were agreed to be as follows.
Read the full summary
Trespass on the Case against the defendant, as sheriff of the county of Windsor, for the escape of one Pingry, a debtor of the plaintiffs, from the liberties of the jail. The facts were agreed to be as follows. The debtor, Pingry, was committed, in March, 1839, to the jail in Windsor county, of which the defendant was then keeper, upon an execution in favor of the plaintiffs against him, amounting, in debt and costs, to $4,66, and was, on the same day, admitted by the defendant to the liberties of the jail, and thereupon executed to the defendant a jail bond, in common form, which was also…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The statutes authorizing an action to be brought against the sheriff, in a case like the present, have always been substantially the same; though the present statute is somewhat differently *401worded from that of 1797. The bond is made assignable to the creditor after a breach of the condition. And if the sheriff, after such breach, assign the bond upon request, he is not liable to an action, until the sufficiency of the bond has been tested by a suit upon it in the creditor’s name. But if judgment cannot be obtained upon the bond, by reason…
2Cases cited2 opinions
- Udall v. RiceSupreme Court of Vermont · 1801
- Weeks v. StevensSupreme Court of Vermont · 1835