Legal Opinion

Bank of Middlebury v. Rutland & Washington Railroad

Supreme Court of Vermont

Decided January 15, 1858PublishedCited by 30 opinions

This was an action on a replevin bond. Plea the general issue, and several special pleas and issue thereon taken. The plaintiffs gave in evidence certified copies from the town hook of records of the town of Rutland, by which it appeared that at their March meeting, held on the first Tuesday of March, 1854, Isaac Gibson was elected second constable of the town of Rutland for the year ensuing.

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This was an action on a replevin bond. Plea the general issue, and several special pleas and issue thereon taken. The plaintiffs gave in evidence certified copies from the town hook of records of the town of Rutland, by which it appeared that at their March meeting, held on the first Tuesday of March, 1854, Isaac Gibson was elected second constable of the town of Rutland for the year ensuing. Isaac Gibson having been called as a witness, testified that after his election he proceeded to act as constable of the town of Rut-land, and to serve writs of attachment and collect executions ; and…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

I. There is no good ground, we think, to question the authority of the constable in this case. The case does not show that he had been requested to give bonds by the selectmen of the town in any particular sum, or with any intelligibly defined security, as was held requisite in Bowman v. Barnard, 24 Vt. 355, to constitute the first step in rendering the office vacant for a refusal to give bonds. The most the testimony tended to show was, that he had “ been inquired of by the selectmen when he was going to give bail,” and that he was at…

2Cases cited3 opinions

  1. Noyes v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
  2. Porter v. Androscoggin & Kennebec Rail RoadSupreme Judicial Court of Maine · 1853
  3. Bowman v. Town of BarnardSupreme Court of Vermont · 1852

3Cited by30 opinions

  1. Baldwin v. CanfieldSupreme Court of Minnesota · 1879
  2. Crowley v. Genesee Mining Co.California Supreme Court · 1880
  3. District of Columbia v. Camden Iron WorksSupreme Court of the United States · 1901
  4. State ex rel. Page v. SmithSupreme Court of Vermont · 1876
  5. Farmers State Bank v. HaunWyoming Supreme Court · 1924

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