Legal Opinion

Kidder v. Barker

Supreme Court of Vermont

Decided March 15, 1846PublishedCited by 9 opinions

Trespass on the Case against the defendant, as sheriff of the county of Washington. In the first count in the declaration it was alleged, that a debtor had been committed to jail upon mesne process, at the suit of the plaintiff, and that the defendant, being by law keeper in chief of the jail, had suffered the debtor to depart from the jail, without the consent of the plaintiff, and that the plaintiff duly recovered judgment in his suit against the debtor, and took all other…

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Trespass on the Case against the defendant, as sheriff of the county of Washington. In the first count in the declaration it was alleged, that a debtor had been committed to jail upon mesne process, at the suit of the plaintiff, and that the defendant, being by law keeper in chief of the jail, had suffered the debtor to depart from the jail, without the consent of the plaintiff, and that the plaintiff duly recovered judgment in his suit against the debtor, and took all other steps, necessary to charge the debtor in execution. The third count was for the neglect of the defendant to return,…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

Upon the count for suffering the debtor to depart from the prison, when the copy left with the jailer showed only a writ of summons, we think there is not sufficient ground for a recovery. The plaintiff must see, that he makes a legal commitment. For this purpose it is indispensable, that a copy of the process, upon which the commitment is made, be left with the jailer. The jailer is not bound to look beyond his copy. If that shows a defective process, he may well presume, that the process itself is defective; and he is not liable for an…

2Cases cited2 opinions

  1. Turner v. LowrySupreme Court of Vermont · 1827
  2. Horace Hall & Co. v. BrooksSupreme Court of Vermont · 1836

3Cited by9 opinions

  1. Fullam v. StearnsSupreme Court of Vermont · 1857
  2. Lee v. DolanNorth Dakota Supreme Court · 1916
  3. Roberge v. Town of TroySupreme Court of Vermont · 1933
  4. Johnson v. BeattieSupreme Court of Vermont · 1915
  5. Ives v. StrongSupreme Court of Vermont · 1847

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