Legal Opinion

Nye v. Kellam

Supreme Court of Vermont

Decided March 15, 1846PublishedCited by 8 opinions

Trespass on the Case against the defendant, as sheriff, for the default of his deputy, John Locke, in not levying and returning an execution in favor of the plaintiffs against Charles M. Cowles. Plea, the general issue, and trial by jury, — Royce, J., presiding.

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Trespass on the Case against the defendant, as sheriff, for the default of his deputy, John Locke, in not levying and returning an execution in favor of the plaintiffs against Charles M. Cowles. Plea, the general issue, and trial by jury, — Royce, J., presiding. On trial the plaintiffs offered in evidence the original files in the suit in their favor against Cowles, being the writ, and officer’s return thereon, and the minutes made on the back of the writ, by the justice of the peace to whom it was made returnable, and the evidence of the justice, to identify the files, as evidence to prove…

1Opinion of the Court

The opinion of the court was delivered by

Kellogg, J.

Three questions are made in this case, for the consideration of the court.

1. Whether the original files, being writ, service and minutes on the back of the writ, to prove the judgment specified in the plaintiffs’ declaration, and parol testimony of the magistrate, who rendered the judgment, to prove the identity of the files, were properly received in evidence. We are of opinion, that this was not proper and appropriate evidence to prove the judgment. The case of Strong et al v. Bradley, 13 Vt. 9, would seem to be decisive of this question.…

2Cases cited2 opinions

  1. Strong v. BradleySupreme Court of Vermont · 1841
  2. Wright v. FletcherSupreme Court of Vermont · 1840

3Cited by8 opinions

  1. Paul v. SlasonSupreme Court of Vermont · 1850
  2. Henry v. EstesMassachusetts Supreme Judicial Court · 1879
  3. Starbird v. MooreSupreme Court of Vermont · 1848
  4. Eastman v. WatermanSupreme Court of Vermont · 1854
  5. Ellsworth v. LearnedSupreme Court of Vermont · 1849

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