Legal Opinion

Ives v. Strong

Supreme Court of Vermont

Decided April 15, 1847PublishedCited by 4 opinions

Trespass on the Case against the defendant, as slier iff, for the neglect of liis deputy, Samuel S. Kimball, in not collecting and returning an execution in favor of the plaintiff against Alpha Allyn, Anne Allyn and Jonathan Briggs. Plea, the general issue, and trial by jury, December Term, 1845, — Royce, J., presiding. It appeared, that the execution was issued against the body and property of Alpha Allyn, and against the property of the other two execution debtors.

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Trespass on the Case against the defendant, as slier iff, for the neglect of liis deputy, Samuel S. Kimball, in not collecting and returning an execution in favor of the plaintiff against Alpha Allyn, Anne Allyn and Jonathan Briggs. Plea, the general issue, and trial by jury, December Term, 1845, — Royce, J., presiding. It appeared, that the execution was issued against the body and property of Alpha Allyn, and against the property of the other two execution debtors. A question was made as to the regularity of the execution; — but as it was not decided by the supreme court, the evidence upon…

1Opinion of the Court

*548The opinion of the court was delivered by

Davis, J.

The recent case of Kidder v. Barker, 18 Vt. 454, recognizing an exception to the well established rule in this state, that, in actions on the case against sheriffs for not collecting or returning final process, the plaintiff is entitled to recover the full amount of the execution, must control the present case. The two cases are almost precisely the same, — at least so far as respects Alpha Allyn, the principal execution debtor. Assuming the facts, offered to be proved in respect to the other two debtors, to be true, as we must for the present…

2Cases cited1 opinion

  1. Kidder v. BarkerSupreme Court of Vermont · 1846

3Cited by4 opinions

  1. Roberge v. Town of TroySupreme Court of Vermont · 1933
  2. Rlodgett v. Town of BrattleboroSupreme Court of Vermont · 1858
  3. Bank of Newbury v. BaldwinSupreme Court of Vermont · 1858
  4. Walker v. WatermanSupreme Court of Vermont · 1877

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