Legal Opinion

State v. Bates

Supreme Court of Vermont

Decided November 15, 1863PublishedCited by 13 opinions

Debt upon a bond. Two actions of debt were commenced and prosecuted against Henry M. Bates and his sureties upon the official bonds of said Bates as treasurer of the state. One action was in the name of the state of Vermont upon a bond executed by said Bates as principal and the other defendants as his sureties, and bearing date on the 14th day of October, A. D. 1859. The defendants filed a demurrer to the declaration.

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Debt upon a bond. Two actions of debt were commenced and prosecuted against Henry M. Bates and his sureties upon the official bonds of said Bates as treasurer of the state. One action was in the name of the state of Vermont upon a bond executed by said Bates as principal and the other defendants as his sureties, and bearing date on the 14th day of October, A. D. 1859. The defendants filed a demurrer to the declaration. At the hearing on the demurrer, March Term, Washington County Court, Kellogg, J., presiding, the court pro forma, sustained the demurrer and adjudged the declaration to be…

1Opinion of the CourtKellogg, J.

The first of these two cases is an action of debt in the name of the state of Vermont against Henry M. Bates and thirteen other defendants, on the official bond of the said Bates as treasurer of the state for the year 1859-1860, bearing date on the 14th of October, 1859, and executed by the said Bates as principal and by the other defendants as his sureties. The bond declared upon is a bond in the sum of one hundred thousand dollars “ to Benjamin W. Dean, secretary of the state of Vermont, and to his successors in office in behalf of the state of Vermont.” The writ in this case is dated on…

2Cases cited7 opinions

  1. People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
  2. Inhabitants of Montville v. HaughtonSupreme Court of Connecticut · 1829
  3. Jansen v. OstranderNew York Supreme Court · 1824
  4. Courser v. PowersSupreme Court of Vermont · 1861
  5. Hopkins v. Town of PlainfieldSupreme Court of Connecticut · 1828

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3Cited by13 opinions

  1. Henry County v. SalmonSupreme Court of Missouri · 1907
  2. Western Casualty & Guaranty Ins. v. Board of Com'rsSupreme Court of Oklahoma · 1916
  3. State v. HowardSupreme Court of Vermont · 1909
  4. Board of County Commissioners v. State BankSupreme Court of Minnesota · 1896
  5. State v. LlewellynNew Mexico Supreme Court · 1917

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