1 Tyl. 272
Decided December 15, 1801
Supreme Court of Vermont · decided 1801-12-15
THIS was an action brought by the plaintiff, as assignee of the sheriff, upon a bail-bond executed by the defendant jointly and severally with N. Spafford\ for admitting the latter to the liberties of the prison yard in the City of Vergennes. Plea in bar, that Spafford escaped with the consent of the plaintiff. Replication traversed the fact alleged in bar. Joinder, and issue to the Jury.
Decided 1801-12-15
¶1The motion cannot in this instance be sustained. The statute requires “ due notice to be given.” It would operate a surprise on the plaintiff to sustain a motion of this nature made instanter% while the issue is on trial to the Jury.
¶2Hule not granted.
¶3 Reported from Judge Robinson's minutes.