Chase v. Holton
Supreme Court of Vermont
This was a scire facias, commenced before a justice and appealed to the county court.' It was against the defendant, as bail of one Heaton, on a writ returnable before the justice, alleging that judgment was rendered against Heaton, on the 22d day of May.
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This was a scire facias, commenced before a justice and appealed to the county court.' It was against the defendant, as bail of one Heaton, on a writ returnable before the justice, alleging that judgment was rendered against Heaton, on the 22d day of May. The defendant pleaded nul tiel record, < and, on inspection of the record, it appeared that Heaton was defaulted on the 22d day of May, and applied to be admitted to the poor debtor’s oath; — that the justice continued the hearing, on that application, until May 26, when, on hearing, he decided that Hpaton was not entitled to the oath, and…
1Opinion of the Court
The opinion of the court was delivered by
Coleamer, J.
It is not now necessary to inquire whether a surrender of a principal in court, in discharge of liis bail, must not always be entered of record. Of this there may be much doubt, as no such proceeding existed at common law, no such practice in England, and no statute requiring it. In the present case, the plea contains no such allegation, and it is not demurred to for want thereof. The plea was traversed, and the surrender became a matter in pais to the jury, and no testimony, which tended to show the fact, could be rejected. Barney v.…
2Cited by5 opinions
- Osborne v. Grand Trunk Railway Co.Supreme Court of Vermont · 1913
- State v. LouanisSupreme Court of Vermont · 1907
- Worthen v. PrescottSupreme Court of Vermont · 1887
- Wright v. BurbeeSupreme Court of Vermont · 1941
- Wilson Bros. Garage v. LarrowSupreme Court of Vermont · 1916