Legal Opinion

Udall v. Rice

Supreme Court of Vermont

Decided August 15, 1801PublishedCited by 3 opinions

DECLARATION for taking insufficient bail. Plaintiff declared in case, that he recovered judgment against Seth Emmons, at the Windsor County Court, holden on the third Monday of September, 1799, for 86 dols. 64 cts. damages, and 6 dols. 26 cts. costs of suit; and on the 30th of the same month purchased out his writ of execution, and on the same day delivered the same execution to the defendant Rice, in his capacity of sheriff of the County, to serve and return, according to…

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DECLARATION for taking insufficient bail. Plaintiff declared in case, that he recovered judgment against Seth Emmons, at the Windsor County Court, holden on the third Monday of September, 1799, for 86 dols. 64 cts. damages, and 6 dols. 26 cts. costs of suit; and on the 30th of the same month purchased out his writ of execution, and on the same day delivered the same execution to the defendant Rice, in his capacity of sheriff of the County, to serve and return, according to law; who returned on the same execution, that he had committed the body of Seth Emmons to the common gaol in Woodstock,…

1Opinion of the Court

The Chief Judge

delivered the opinion of the Court.

It is the opinion of the Court, that the facts próferted in the notice under the general issue cannot be admitted in evidence to the Jury.

The sheriff is compelled by the statute to admit prisoners committed upon execution founded on a proper action of debt, covenant, contract or promise, to the liberties of the gaol yard, taking a bond with sufficient surety or sureties, being freeholders resident within the State, with certain conditions prescribed in the form inserted in the statute, the principal of which is, that the prisoner shall not…

2Cited by3 opinions

  1. Dole v. BullNew York Supreme Court · 1801
  2. Weed v. PrestonSupreme Court of Vermont · 1881
  3. Wheeler v. PettesSupreme Court of Vermont · 1849

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