Selectmen of Castleton v. Miner
Supreme Court of Vermont
This was an action of debt on bond conditioned to support the poor of the town of Castleton for one year from 12th day of March 1832, and at the end of said year (ireturn said poor as ivell clothed as they were at the making of the contract,” and to indemnify and save the town harmless from all “ expense, loss or cost on account of said poor.”
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This was an action of debt on bond conditioned to support the poor of the town of Castleton for one year from 12th day of March 1832, and at the end of said year (ireturn said poor as ivell clothed as they were at the making of the contract,” and to indemnify and save the town harmless from all “ expense, loss or cost on account of said poor.” The issue joined to the jury in the court below, was, whether the defendants had saved the town of Castleton harmless, and whether the town had been legally damnified on the account of defendant’s neglect. The bond was executed in the name of the…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
As the judgment in favor of Ressique against the town was without notice to the defendants or either of them, they are not in any way affected by it. It is strictly res inter alios acta. How far the case might have been affected by notice of the suit to defendants, and a subsequent judgment against the town of Castleton, it is not necessary to determine.
The question then must be determined upon the character of Ressique’s claim against the town. If that was a legal claim, which might be enforced against the town, and he had brought suit or…
2Cases cited1 opinion
- Town of Middlebury v. Town of HubbardtonSupreme Court of Vermont · 1814
3Cited by2 opinions
- Worcester v. BallardSupreme Court of Vermont · 1865
- Houghton v. DanvilleSupreme Court of Vermont · 1838