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MASON v. CARR

No. 1059.

114 A.2d 417 (1955)

Clark H. MASON v. Donald J. CARR.

Supreme Court of Vermont. Rutland.

May 3, 1955.

Attorney(s) appearing for the Case

Loveland & Hackel, Rutland, for plaintiff.

Lawrence & O'Brien, Rutland, for defendant.

Before CLEARY, ADAMS, and CHASE, JJ., and HULBURD, Superior Court Judge.

CLEARY, Justice.

This is an action of contract brought on June 22, 1954, against the defendant as bail on mesne process. The defendant demurred to the plaintiff's complaint. The court below sustained the demurrer, allowed the plaintiff exception and passed the case to this Court before final judgment.

The complaint alleges that on March 31, 1949, the defendant's brother, Clarence Carr, was arrested on a body writ brought by the plaintiff, returnable to the...

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