Passumpsic Bank v. Beattie
Supreme Court of Vermont
Case against the defendant as sheriff of Essex county for the default of'his deputy, one Root, in not levying and returning an execution in favor of the plaintiffs against the Island Pond Lumber Company.
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Case against the defendant as sheriff of Essex county for the default of'his deputy, one Root, in not levying and returning an execution in favor of the plaintiffs against the Island Pond Lumber Company. The case was tried by the court at the December Term, 1858, —Poland, J., presiding, — upon the following agreed statement of facts, viz: The plaintiffs commenced a suit against A. Latham & Co., and trustees, the Island Pond Lumber Company, and Morrill & Law* ronce, returnable at the June Term, 1855, of the Caledonia county court. Judgment was rendered against the Island Pond Lumber Company,…
1Opinion of the Court
Redeield, Ch. J.
The principal question raised in this case, in regard to the validity of the execution, was decided by this court in Spring v. Ayer, 23 Vt. 516; Hapgood v. Goddard, 26 Vt. 401, and as we think upon sufficient grounds. We do not think we could render the decision more obvious or satisfactory, if we should here enter into a formal re-argument of the question. It is proper that questions of that character, after having been fully considered and favorably determined, should be regarded as no longer open to debate, as it is really nothing but a question of practice, and has been…
2Cases cited2 opinions
- Hapgood v. GoddardSupreme Court of Vermont · 1854
- Spring v. AyerSupreme Court of Vermont · 1851
3Cited by1 opinion
- Leonard v. SibleySupreme Court of Vermont · 1904