Bellows v. Administrator of Allen
Supreme Court of Vermont
Trespass on the Case, brought against the defendant Allen, in his life time, as sheriff of the county of Chittenden, for the default of his deputy in not paying to the plaintiff money collected and received by the deputy upon an execution in favor of the plaintiff against one Nichols and others. Allen died while this suit was pending, and his administrator moved to dismiss the suit, upon the ground that the cause of action did not survive.
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Trespass on the Case, brought against the defendant Allen, in his life time, as sheriff of the county of Chittenden, for the default of his deputy in not paying to the plaintiff money collected and received by the deputy upon an execution in favor of the plaintiff against one Nichols and others. Allen died while this suit was pending, and his administrator moved to dismiss the suit, upon the ground that the cause of action did not survive. It appearing, that the money collected by the deputy, had never in fact been received by Allen, the county court, September Term, 1848,— Bennett, J.,…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
If the plaintiff has any effectual remedy for the default of the deputy, it must be against the estate of the sheriff; for by the *110provisions of the statute no action can be maintained against the deputy, for his official misconduct, — the remedy for his defaults being against the sheriff only. For the default of the deputy, in not paying over the money collected on the plaintiff’s execution, there can be no doubt the sheriff, in his life time, would have been liable. Whether the cause of action survives against his administrator must be…
2Cases cited2 opinions
- Barrett v. CopelandSupreme Court of Vermont · 1844
- Administrator of Barrett v. CopelandSupreme Court of Vermont · 1848
3Cited by11 opinions
- Stearns v. StearnsSupreme Court of Connecticut · 1925
- City of St. Albans v. AverySupreme Court of Vermont · 1921
- Reynolds v. HennessySupreme Court of Rhode Island · 1890
- Gockstetter v. WilliamsCourt of Appeals for the Ninth Circuit · 1925
- Estate of Emil Kuhling by Richard W. Kuhling v. Taylor GlazeSupreme Court of Vermont · 2018
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