Town of Weston v. Sprague
Supreme Court of Vermont
Debt on an official bond of a constable of the town of Weston. Demurrer to the declaration. Heard at the May Term, 1881, Taft, J., presiding. The court overruled the demurrer. It appeared that the constable, one Smith, was elected at the annual March meeting, 1877, but the bond, with defendants as sureties, was not given till the 19th day of the following June ; and that said Smith collected the taxes after the last date, and appropriated some part of them to his own use.
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Debt on an official bond of a constable of the town of Weston. Demurrer to the declaration. Heard at the May Term, 1881, Taft, J., presiding. The court overruled the demurrer. It appeared that the constable, one Smith, was elected at the annual March meeting, 1877, but the bond, with defendants as sureties, was not given till the 19th day of the following June ; and that said Smith collected the taxes after the last date, and appropriated some part of them to his own use. It did not appear that the selectmen ever required a bond of him before this time in June. The following is the condition…
1Opinion of the Court
The opinion of the court was delivered by
Powers J.
The declaration alleges that the bond in question was executed by Smith and his sureties as Smith’s official bond as constable.
The statute, No. 35 Acts of 1870, under which it is claimed that the bond is invalid, reads as follows, viz.:
Sec. 1. Section twenty-six of chapter fifteen of the General Statutes is so amended as to read as follows :
“ It is hereby made the duty of the selectmen of the several towns in this State to require of the constables in their respective towns, before they enter upon the duties of their office, to give bonds to…
2Cases cited11 opinions
- United States v. MauriceU.S. Circuit Court for the District of Virginia · 1823
- The United States, in Error v. Phineas Bradley, Surviving Administrator of David Ott DeceasedSupreme Court of the United States · 1836
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
- Green v. WardwellIllinois Supreme Court · 1855
- State v. RhoadesNevada Supreme Court · 1871
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3Cited by5 opinions
- Lionberger v. KriegerSupreme Court of Missouri · 1885
- Stinson v. Board of SupervisorsSupreme Court of Virginia · 1929
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- Abbott v. NormanSupreme Court of Arkansas · 1918
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