Legal Opinion

Muzzy v. Howard

Supreme Court of Vermont

Decided February 15, 1869PublishedCited by 8 opinions

Scire Facias against the defendant as bail on mesne process. The original writ on which the defendant became bail was made on the 21st day of March, about nine o’clock A. M., and ran against the body of the debtor, Henry Howard, and was served immediately by an arrest. The affidavit required in case of an arrest reached the justice the same day about eleven or twelve o’clock.

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Scire Facias against the defendant as bail on mesne process. The original writ on which the defendant became bail was made on the 21st day of March, about nine o’clock A. M., and ran against the body of the debtor, Henry Howard, and was served immediately by an arrest. The affidavit required in case of an arrest reached the justice the same day about eleven or twelve o’clock. The defendant in that suit applied to the justice, under the statute, to have said arrest discharged, but the justice decided to hold him. It appeared that all or nearly all of the writs of said justice were made…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, C. J.

This is scire facias against the defendant as bail on mesne process.

The first question made by the defendant is that the execution against the defendant, in the original action, was not returned by the officer who held it for collection within sixty days from the time the judgment was rendered in that action, as is required by the statute. The determination of this question depends upon *25the question whether the day on which the judgment was rendered and the execution issued is to be counted as one of the days in computing the, sixty…

2Cases cited4 opinions

  1. Aiken v. RichardsonSupreme Court of Vermont · 1843
  2. Allen v. CartySupreme Court of Vermont · 1846
  3. Administrator of Whitcomb v. CookSupreme Court of Vermont · 1867
  4. Phillips v. WoodSupreme Court of Vermont · 1858

3Cited by8 opinions

  1. Vaughn v. CongdonSupreme Court of Vermont · 1883
  2. Burks v. StateCourt of Criminal Appeals of Oklahoma · 1938
  3. Schlitz v. Lowell Mutual Fire InsuranceSupreme Court of Vermont · 1923
  4. Cox v. PerkinsSupreme Court of Georgia · 1921
  5. Wilson Bros. Garage v. TudorSupreme Court of Vermont · 1915

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