Tomlinson v. Wheeler
Supreme Court of Vermont
IN ERROR. REUBEN WHEELER brought his action of assumpsit against Abel Tomlinson, late sheriff of the county of Addison, charging that he recovered a judgment before the city court, inVergennes, on the first Tuesday of November, 1822, against one Friend Adams, of Panton, in said county, for $1207,21 damages, and for $43,46, cost; that on the 6th day of said November he obtained his regular writ of execution upon said judgment, directed to the sheriff of said county of…
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IN ERROR. REUBEN WHEELER brought his action of assumpsit against Abel Tomlinson, late sheriff of the county of Addison, charging that he recovered a judgment before the city court, inVergennes, on the first Tuesday of November, 1822, against one Friend Adams, of Panton, in said county, for $1207,21 damages, and for $43,46, cost; that on the 6th day of said November he obtained his regular writ of execution upon said judgment, directed to the sheriff of said county of Addison, his deputy, &c. dated the day last aforesaid, and made returnable within sixty days from date, and delivered the same…
1Opinion of the Court
The opinion of the Court was delivered by
Hutchinson J.
The questions that are raised upon this writ of error, seem comprised in the following, to wit:
1st. Whether the promise proved, corresponds with the one alleged in the declaration, or whether the turning out the property at so late a period of the execution, affects the question at all, and if so, how.
2d. Whether the writ of errror serves as an excuse for the defendant, for the neglect complained of.
3d. Whether assumpsit is the proper action to try the questions presented.
With regard to the first point, the legal import of the promise in…
2Cited by1 opinion
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