Collins v. Edson

Supreme Court of Vermont

Collins v. Edson

55 Vt. 48

DecidedJanuary 15, 1883

StatusPublished

This text of 55 Vt. 48 (Collins v. Edson) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Collins v. Edson, 55 Vt. 48 (Vt. 1883).

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Opinion

The opinion of the court was delivered by

Taft, J.

The defendants moved to dismiss the petition on the ground that the minute of the recognizance was defective in stating that it was “ conditioned as provided by. law.” The presumption is that the recognizance was properly taken, and that the record when made will state its terms in full. We think the statute was fully complied with. See Ross v. Shurtleff et al. 55 Vt. If defective, the petition should not have been dismissed, but retained and new security ordered. Houghton v. Slack, 10 Vt. 520.

Judgment affirmed.

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The opinion of the court was delivered by

Taft, J.

The defendants moved to dismiss the petition on the ground that the minute of the recognizance was defective in stating that it was “ conditioned as provided by. law.” The presumption is that the recognizance was properly taken, and that the record when made will state its terms in full. We think the statute was fully complied with. See Ross v. Shurtleff et al. 55 Vt. If defective, the petition should not have been dismissed, but retained and new security ordered. Houghton v. Slack, 10 Vt. 520.

Judgment affirmed.

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55 Vt. 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-edson-vt-1883.

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