is defendant, the said C. H. Fargo & Co., on the 22d day of April, 1880, obtained a judgment against the said C. C. Randolph, in the sum of $842.60, and the further sum of $121 costs of suit; and, whereas, the said C. H. Fargo & Co., on the 5th day of June, 1880, by the consideration of said court, obtained an execution against the person of the said judgment debtor, the said C. C. Randolph, on said judgment; and, whereas, the said C. C. Randolph has on said execution been arrested, and is now in the custody of the sheriff of said Sumner county; now therefore, we, the said C. C. Randolph, as principal, and John T. Hickman and John G. Woods, as sureties, hereby undertake to said C. H. Fargo & Co., and promise and agree, and hereby bind ourselves, that if the said C. C. Randolph shall go beyond the prison bounds, to wit, beyond the boundary of said Sumner county, before being discharged according to law, we, the said sureties, will pay to the said C. H. Fargo & Co., plaintiffs, the said sum of $842.60, said judgment, together with $121 costs1 thereon, and all costs that shall accrue on said judgment, and all interest on said judgment. J. T. Hickman. John G. Woods.2 Signed, sealed and delivered in my presence, and approved by me, the 19th day of June, 1880. J. M. Thrall, Sheriff, by Frank Evans, Undersheriff. Form No. 1 1833. (Vt. Stat. (1894), § 5417, No. 58.)3 Know all men by these presents that we, Richard Roe, as principal, and William West and James Short, as sureties, are held and firmly bound unto John Lynch, keeper of the common jail in Montpelier, in the county of Washington and state of Vermont, and to his executors, administrators and assigns in the sum of one thousand dollars, lawful money of the United States, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, and administrators firmly by these presents. Witness our hands and seals this first day of July, in the year of our Lord one thousand eight hundred and ninety-six. The condition of the above obligation is such that whereas the above bounden Richard Roe, now a prisoner in the common jail in Montpelier, in the county of Washington and state of Vermont, by virtue of an execution in favor of John Doe, of Montpelier, in the county of Washington, in the state of Vermont, for the sum of five hundred dollars damages and costs, and for the sum of fifty dollars and forty 1. It was held in this case that the sureties were bound to pay only the judgment and costs specified in the bond, and were not bound to a judgment rendered by the same court on some other day and for a different amount between the same parties. 2. Failure of Principal to Sign. In this case the principal, though men tioned in the body of the undertaking, did not sign the same, and it was held that the sureties who signed were held. 3. Vermont. Stat. (1894), § 1748. See also statutes cited supra, note 1, P. 640. 4. The amount of the bond is in the discretion of the jailor. Vt. Stat. (1894), § 1748. cents costs, with fifty cents for said execution, and the officers' fees on the same, to the amount of three dollars, issued on a judgment recovered before John Marshall, judge of the County Court of Washington county, on the fifteenth day of June, 1896, and signed by Calvin Clark, clerk of the said court, to the amount of five hundred and fiftythree and ninety one-hundredths dollars. Now, if the said Richard Roe faithfully and absolutely remains within the limits of said jail yard, and does not depart therefrom until he is lawfully discharged, without committing any escape before such discharge, or doing any act by which the sheriff, as aforesaid, is damnified, in consequence of admitting said Richard Roe to the liberties of said jail; but at all times idemnifies and saves harmless the sheriff, in the premises; then this obligation to be void and of no effect, otherwise of full force. Washington County, ss. J On the tenth day of June, A. D. 1896, Richard Roe, of Montpelier, in the county of Washington, was bailed by William West of Montpelier, in the county of Washington, to the liberties of the jail, in Montpelier, in the county of Washington, on an execution in favor of John Doe, of Montpelier, in the county of Washington, the sum of one thousand dollars damages, and twenty-five dollars costs of suit, with ninety cents for said execution, and officers' fees thereon to the amount of ten dollars. John Fenn, Jailer. III. WARRANT FOR RECOMMITMENT OF DEBTOR. Form No. 1 1835. (Vt. Stat. (1894), § 5417, No. 44.) State of Vermont, To any sheriff or constable in the state, or to Washington County, ss. (John Finn, an indifferent person, Greeting: Whereas it has been made to appear to me, on application of William West, of Montpelier, in the county of Washington, that on the tenth day of June, A. D. 1896, at Montpelier, in the county of Washington, one John Doe, of Montpelier, in the county of Washington, then a prisoner in the common jail at Montpelier, in the county of Washington, on an execution in favor of Richard Roe, of Montpelier, in the county 1. Vermont. Stat. (1894), 1754. See, generally, the statutes cited supra, note I, p. 640. 2. Vermont. Stat. (1894), § 1755. See, generally, the statutes cited supra, note I, p. 640. of Washington, for the sum of one thousand dollars damages, and for the sum of fifty dollars costs of suit, and fifty cents for said execution, and the officers' fees thereon to the amount of three dollars, was bailed to the liberties of the aforesaid jail by the said William West; and the said William West having prayed for a warrant to re-commit the said John Doe, agreeably to the statute in such case made and provided; therefore, By the authority of the state of Vermont, you are hereby commanded to apprehend the body of the said John Doe, and him safely keep until he pays the sums above mentioned or is released from imprisonment by the creditor, or otherwise by order of law. Fail not, but service and return make within ten days hereof. Dated at Montpelier, in the county of Washington, the tenth day of July, A. D. 1896. Abraham Kent, Justice of the Peace. JEOPARDY. See the title FORMER JEOPARDY, vol. 8, p. 727. JOINDER OF ISSUE. See the title SIMILITER. JOINT TENANCY. See the title TENANTS IN COMMON AND JOINT TENANTS. Volume 10. JUDGMENTS AND DECREES. 1. JUDGMENTS, 649. 1. In Civil Cases, 649. a. Upon Verdict of Jury, 649. (1) In Courts of Record, 649. (a) Notice of Application for Order to File Circuit Record and Postea, 649. (b) Order to File Circuit Record, 650. aa. After Verdict for Plaintiff, 650. (c) The Judgment, 651. aa. For Plaintiff, 651. bb. For Defendant, 712. One Defendant and Against Another, 715. (d) Notice of Entry of Judgment, 715. (2) In Justice's Court, 716. b. Upon Verdict Directed by Court, 719. (1) Court of Record, 720. (b) For Defendant, 733. bb. On Cross-complaint, 734. (2) Police Court, 735. (3) Justice's Court, 736. d. By Default, 746. (1) By Clerk, 746. (a) Præcipe and Rule for Judgment, 746. bb. For Want of Plea, 746. cc. For Want of Affidavit of Defense, 747. (aa) Generally, 747 (bb) Sufficient Affidavit, 747. (b) Statement, 748. (c) Affidavit of Default, 749. aa. No Appearance, 749. bb. No Answer or Demurrer, 750. (d) Rule on Prothonotary to Assess Damages, (2) By Court, 753 (a) Court of Record, 753. aa. Application for Default, 753. cc. Affidavit of Default, 754. (aa) After Personal Service, 754. aaa. No Appearance, 754. bbb. No Answer or Demurrer, 756. (bb) After Service by Publication, 756. aaa. No Appearance, 756. bbb. No Answer or Demur rer, 757. dd. Notice of Application, 757 ee. Bond or Undertaking of Applicant, 758. ff. Entry of Default, 759. (aa) Generally, 759. (bb) With Writ of Inquiry, 760. aaa. On Summons, 761. bbb. On Writ, 762. gg. Order for Judgment, 762. (aa) Upon Personal Service, 762. hh. The Judgment, 763. (aa) In General, 763. (bb) Damages Assessed by Clerk, 784. (cc) Damages Assessed by Jury, 787. (dd) With Remittitur, 788. (ee) On Appointment of Attorney for Defendant Served by Publication, 788. (b) County Court, 789. (c) Justice's Court, 790. aa. Generally, 790. bb. After Order of Notice, 793. cc. Upon Continuance After Default, 794. (d) Mayor's Court, 794. e. Nil Dicit, 794. f. Upon Report of Referee, 796. g. By Consent, 799. (1) Generally, 800. 88 (2) Upon Relicta, 801. h. Non Obstante Veredicto, 801. 2. In Criminal Cases, 805. a. Judgment of Conviction, 805. (1) In Court of Record, 805. (a) Upon Plea of Not Guilty, 805. |