In re Foot
Supreme Court of Vermont
Habeas Corpus. The facts which appeared on trial, and which are important to the decision of the casé are, that the relator resided in the State of New York, and while he was going through this State upon business, as he had been long accustomed to do, was arrested on the 17th of January, 1859, upon mesne process in a civil action founded on a note ekecüted since 1839, by virtue of an affidavit of the creditor’s agent, that he was about to abscond or remove from the State,…
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Habeas Corpus. The facts which appeared on trial, and which are important to the decision of the casé are, that the relator resided in the State of New York, and while he was going through this State upon business, as he had been long accustomed to do, was arrested on the 17th of January, 1859, upon mesne process in a civil action founded on a note ekecüted since 1839, by virtue of an affidavit of the creditor’s agent, that he was about to abscond or remove from the State, and had property secreted sufficient to pay the debt. The relator immediately gave notice of his desire to be examined…
1Opinion of the Court
Redfield, Ch. J.
The statute seems to contemplate the introduction of evidence (before the authority issuing writs against the body of debtors in matters of contract or before one of the county court judges), besides that of the debtor, in order to determine the propriety of releasing the body from arrest. It in terms secures that right. This must by implication, as we think, give the power to the magistrate to adjourn the hearing for reasonable cause, and to a convenient time, of which the magistrate must of necessity be the sole judge.
This is obvious from the act of 1854, p. 14. The statute…
2Cases cited1 opinion
- In re HosleySupreme Court of Vermont · 1850