Wing v. Gleason
Supreme Court of Vermont
Scire Facias upon S. 'W. Taylor’s recognizance as sheriff of the county of Chittenden for the year ensuing from December 1st, 1850. The defendants demurred to the plaintiff’s declaration, and the court at the April Term, 1862, rendered judgment pro forma for the defendant, — to which the plaintiff excepted.
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Scire Facias upon S. 'W. Taylor’s recognizance as sheriff of the county of Chittenden for the year ensuing from December 1st, 1850. The defendants demurred to the plaintiff’s declaration, and the court at the April Term, 1862, rendered judgment pro forma for the defendant, — to which the plaintiff excepted. The declaration alleged in substance that S. W. Taylor formerly of Burlington in the county of Chittenden, now of parts unknown, was duly elected sheriff of said county on the first Tuesday of September, 1850, and that on the 4th of December, 1850, he as principal and John N. Pomeroy,…
1Opinion of the Court
Poland, Ch. J.
The defendants claim that the recognizance upon which this action is brought does not bind them for two reasons.
1. That it was not taken in accordance with the provisions of the revised statutes on the subject of sheriff’s bail.
2. That if this be held otherwise, than that this provision of the revised statutes was repealed or annulled, by the adoption of the amendments to the constitution in 1850 ; which it is insisted conflict with the then existing statute.
The first objection rests upon the assumption that Israel P. Richarc]son before whom this recognizance was taken, was not…
2Cases cited3 opinions
- Courser v. PowersSupreme Court of Vermont · 1861
- Taylor v. NicholsSupreme Court of Vermont · 1856
- State Treasurer v. KelseySupreme Court of Vermont · 1832
3Cited by1 opinion
- Whitney v. First National BankSupreme Court of Vermont · 1877