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1 D. Chip. 199

Hazard v. Slade

Supreme Court of Vermont

Decided January 15, 1814

Supreme Court of Vermont · decided 1814-01-15

THiS was an actiosl against the defendant, former Sheriff of Addison county, for taking insufficient bail on mesne process, at the suit of the present plaintiff, against ~M. Hull. Plea-the general issue.

Cited by 2 later decisions — most recently January 1955

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1814-01-15

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By the Court.

¶1• It must be a real, not- merely an ostensible sufficiency. The words of the statute are, “ The officer serving such process, (attachments on mense process) shall not be made liable for the insufficiency of such surety or sureties, if he shall, on trial, make it appear that, at the time of receiving such said surety or sureties, the same were amply sufficient. A mere ostensible sufficiency will not excuse, it must be real and ample, a substantial responsibility in point of property, and such as would probably continue so, to answer the demand.

¶2Verdict for the plaintiff.

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