Bradley v. Chamberlain
Supreme Court of Vermont
Case against the defendant, as sheriff of Orange Comity, for the neglect of his deputy, Henry Godfrey, to pay over to the the plaintiff the amount of an execution in favor of the latter against Daniel Tarbell, Jr., which Godfrey had collected.
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Case against the defendant, as sheriff of Orange Comity, for the neglect of his deputy, Henry Godfrey, to pay over to the the plaintiff the amount of an execution in favor of the latter against Daniel Tarbell, Jr., which Godfrey had collected. The declaration described particularly the. judgment in favor of the plaintiff against Tarbell, and alleged the issue of an execution thereon, the fact that the defendant was the sheriff of Orange County, and that Godfrey was his deputy, the delivery of the execution to Godfrey for collection, its collection by him* and his neglect to pay the money so…
1Opinion of the CourtPierpoint, J.
It is insisted by the defendant that the judgment rendered in favor of the plaintiff only entitles him to nominal damages. In order to determine the correctness of this position, it is necessary to inquire what the effect of that judgment is upon the rights of the parties. So far as the questions in this case are concerned, we think this judgment must be regarded in the same light that it would have been if it had been rendered upon a demurrer to the plaintiff's declaration. The same facts are to be regarded as conceded or established, and the defendant is to be concluded to the same extent…
2Cases cited2 opinions
- Chase v. Town of PlymouthSupreme Court of Vermont · 1848
- McGregor v. Town of WaldenSupreme Court of Vermont · 1842
3Cited by7 opinions
- Chamberlin v. MurphySupreme Court of Vermont · 1868
- Morey v. King, Fuller & Co.Supreme Court of Vermont · 1877
- Sweet v. McDanielsSupreme Court of Vermont · 1867
- Rollins v. ChalmersSupreme Court of Vermont · 1879
- Third National Bank v. Dorset Marble Co.Supreme Court of Vermont · 1886
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