Stillman, Wells & Co. v. Barney
Supreme Court of Vermont
This was a suit on a jail bond, assigned by the sheriff to the plaintiffs, who were the creditors of said defendant. The bond was in the form prescribed by the statute, and the writ was in the usual form of writs upon such bonds, so assigned. Barney was the original debtor, and his bail, the other signers of the bond, were not found by the officer serving the writ. The defendant pleaded, that there was no record of any such judgement remaining, &c.
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This was a suit on a jail bond, assigned by the sheriff to the plaintiffs, who were the creditors of said defendant. The bond was in the form prescribed by the statute, and the writ was in the usual form of writs upon such bonds, so assigned. Barney was the original debtor, and his bail, the other signers of the bond, were not found by the officer serving the writ. The defendant pleaded, that there was no record of any such judgement remaining, &c. To this plea the plaintiffs replied, that the defendant ought not to be admitted to plead this plea, because the judgement was recited in the…
1Opinion of the Court
Thompson, J.,
pronounced the opinion of the Court. — The only question in this case is, whether the defendant, by the recital in the bond, has admitted the record of the judgement contained in such recital. The form, or mode of recital, adopted in the bond, commencing with a “whereas,” Sic., is, probably, as binding -upon the defendant, as any other mode of recital. It was unquestionably necessary for the plaintiff to set out the condition of the bond ; because it is an official bond, and one which the sheriff would wish to assign to the creditors, pursuant to the statute, and save himself…
2Cited by1 opinion
- Barber v. Town of BensonSupreme Court of Vermont · 1837