Brush v. Robinson
Supreme Court of Vermont
THE plaintiff declared upon a bail-bond executed by the defendants on the 21st of March, 1800, as sureties to Charles Follet, for the liberties of the prison, to the sheriff of Bennington County, and by him assigned to the plaintiff, the original creditor; and then assigned the escape of Follet in breach of the bond, The defendants pleaded in bar (first reciting the process in substance) the following certificate, to wit: State of Vermont. Bennington County, ss.
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THE plaintiff declared upon a bail-bond executed by the defendants on the 21st of March, 1800, as sureties to Charles Follet, for the liberties of the prison, to the sheriff of Bennington County, and by him assigned to the plaintiff, the original creditor; and then assigned the escape of Follet in breach of the bond, The defendants pleaded in bar (first reciting the process in substance) the following certificate, to wit: State of Vermont. Bennington County, ss. To all people to whom these presents shall come, greeting. Whereas Charles Follet, a prisoner in the common gaol in Bennington, in…
1Opinion of the Court
That the certificate of a Judge of the County Court and Justice of the Peace, prescribed in the act entitled, an act relating to gaols and gaolers, and for the relief of persons imprisoned therein, passed March the 9th, A. D. 1797, delivered to a prisoner admitted to the liberties of the prison, is a sufficient bar to an action brought by the sheriff or his assignee upon the bail-bond, and escape assigned as a breach, without setting forth other than substantially and as inducement, the mesne process. That all exceptions to such process must be taken before the Court holden by the Judge and…
2Cited by1 opinion
- Hubbell v. DimickSupreme Court of Vermont · 1828