Peck v. Smith
Supreme Court of Vermont
This was an action of assumpsit, upon a promissory note. From the files and records sent up from the county court, it appeared that no sum being mentioned m the minute of the recognizance made on the plaintiff’s writ at the time it issued, and the defendants having pleaded the matter in abatement, the plaintiff moved for leave to amend the recognizance by inserting therein the sum of twenty dollars; and the court allowed the amendment.
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This was an action of assumpsit, upon a promissory note. From the files and records sent up from the county court, it appeared that no sum being mentioned m the minute of the recognizance made on the plaintiff’s writ at the time it issued, and the defendants having pleaded the matter in abatement, the plaintiff moved for leave to amend the recognizance by inserting therein the sum of twenty dollars; and the court allowed the amendment. The defendants thereupon, without filing exceptions to the decision of the court allowing the amendment, and without any judgement being rendered on the plea…
1Opinion of the Court
Prentiss, C. J.,
delivered the opinion of the Court. — There can be no doubt that the amendment granted by the court below was improperly allowed. The statute declares, that before the issuing of any writ, sufficient security shall be given to the defendant, by way of recognizance, to the satisfaction of the authority signing the writ, that the plaintiff shall prosecuté his writ to effect ; a minute of which recognizance, with the name of the surety, and the sum in which he is bound, shall be made upon the writ, at the time of signing thereof, and signed by such authority ; and if any writ he…
2Cases cited2 opinions
- Burnham v. WebsterMassachusetts Supreme Judicial Court · 1809
- Carpenter v. GookinSupreme Court of Vermont · 1829
3Cited by2 opinions
- Carruth v. TigheSupreme Court of Vermont · 1860
- Bachop v. HillSupreme Court of Vermont · 1882