Mattocks v. Bellamy
Supreme Court of Vermont
This was an action on a jail bond, executed in 1808,- to the sheriff of the city of Vergennes, for Jabez Fitch, for the liberties of the city prison on an execution in favor of the plaintiff, and assigned to the plaintiff. The defendant pleaded non est factum, as to the bond and assignment, and several pleas in bar, among which were pleas of payment and of an act of suspension in favor of said Fitch ; On all which issue was joined except the last which was demurred to.
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This was an action on a jail bond, executed in 1808,- to the sheriff of the city of Vergennes, for Jabez Fitch, for the liberties of the city prison on an execution in favor of the plaintiff, and assigned to the plaintiff. The defendant pleaded non est factum, as to the bond and assignment, and several pleas in bar, among which were pleas of payment and of an act of suspension in favor of said Fitch ; On all which issue was joined except the last which was demurred to. On the trial of said issues the plaintiff, among other testimony, offered the deposition of Amos W. Barnum, to the admission…
1Opinion of the Court
The opinion of the court was delivered by
Collamtír, J.
As to the deposition ofBarnum, the justice certifies that the defendant resided more than thirty miles from the place-of caption. This clearly means at the time of caption. This certificate was subject to being contradicted by competent proof, and if so done, the deposition should have been rejected. This is, nevertheless, a mere question of fact, for the county court to decide, whether the certificate is contradicted by such evidence as that court t elieve. It is not obvious how the conduct of that court can be assigned for error on that…
2Cited by3 opinions
- Clement v. GrahamSupreme Court of Vermont · 1906
- Miltimore v. BottomSupreme Court of Vermont · 1894
- Darling v. CuttingSupreme Court of Vermont · 1884