Fisher v. Commissioners of Jail delivery
Supreme Court of Vermont
This was an application to the Court for a writ of mandamus against the commissioners of jail delivery of Addison county to direct them to issue notice,and to proceed and examine thepetitioner, and if found to be a fit subject for the benefit of the act provided for poor debtors,to administer to him the oath in such cases prescribed.
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This was an application to the Court for a writ of mandamus against the commissioners of jail delivery of Addison county to direct them to issue notice,and to proceed and examine thepetitioner, and if found to be a fit subject for the benefit of the act provided for poor debtors,to administer to him the oath in such cases prescribed. From the records which were produced it appeared, that at the term of the county court holden at Middlebury in June, 1829, one John Wood recovered a judgement against Fisher, the petitioner, for ‡719,65 damages, and for $83,82 cost. The declaration was m…
1Opinion of the Court
After argument,
Prentiss, Ch. J.,
delivered the opinion of the Court. — The prisoner’s application to the jail commissioners to be admitted to the poor debtor’s oath, and discharged from imprisonment, was refused by them, because it was certified upon the execution on which he was confined, that the judgement was rendered in an action of trespass on the case, the cause of which was adjudged to have accrued from the wilful and malicious act of the prisoner. From the record which has been produced, it appears, that the judgement was rendered in an action of assumpsit, the declaration being in a…
2Cited by1 opinion
- Elwell v. MartinSupreme Court of Vermont · 1859