Legal Opinion

Dana v. Lull

Supreme Court of Vermont

Decided March 15, 1849PublishedCited by 10 opinions

In this case, which was argued at a previous term upon excep" tions taken in the county court, and which the court had retained for advisement, the defendant, at the present term, filed a motion to dismiss the suit, on account of the decease of the plaintiff, — clairiling that the action, which was trespass on the case for the default of the defendant, as sheriff, in not keeping property attached' by his deputy on mesne process and not delivering it to the officer who held…

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In this case, which was argued at a previous term upon excep" tions taken in the county court, and which the court had retained for advisement, the defendant, at the present term, filed a motion to dismiss the suit, on account of the decease of the plaintiff, — clairiling that the action, which was trespass on the case for the default of the defendant, as sheriff, in not keeping property attached' by his deputy on mesne process and not delivering it to the officer who held the execution obtained in the suit, did not survive. The facts are fully stated in the opinion delivered by the court.…

1Opinion of the Court

The opinion of the Court was delivered by

Poland, J.

The facts in this case, as shown by the record, are as follows. The plaintiff’s intestate, in 1839, brought his suit against Moulton & Hutchinson, and his writ was served by one of the defendant’s deputies, by attaching certain articles of personal property belonging to said Moulton & Hutchinson. In 1840 the plaintiff’s intestate recovered a final judgment in his suit against Moulton & Hutchinson, and within thirty days after the rendition of his judgment he took out an execution thereon and delivered it to the defendant, to be levied upon…

2Cases cited2 opinions

  1. Manwell v. BriggsSupreme Court of Vermont · 1845
  2. Administrator of Barrett v. CopelandSupreme Court of Vermont · 1848

3Cited by10 opinions

  1. Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
  2. Reynolds v. HennessySupreme Court of Rhode Island · 1890
  3. Wilmot v. LathropSupreme Court of Vermont · 1895
  4. Cutler v. JenningsSupreme Court of Vermont · 1925
  5. Manning v. LeightonSupreme Court of Vermont · 1893

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