Johnson v. Edson
Supreme Court of Vermont
ONE Brooks, having sued out an attachment against the present plaintiff, put his writ into the hands of a deputy of the defendant, (the latter being sheriff of the county of Orange,) who served the same by attaching Johnson’s horse, saddle and bridle. These articles were receipted to the deputy, by one Waterman,, w^10 s0^ them. Johnson, having obtained’ a final judgment' against Brooks in that action, demanded the articles so attached, of the deputy.
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ONE Brooks, having sued out an attachment against the present plaintiff, put his writ into the hands of a deputy of the defendant, (the latter being sheriff of the county of Orange,) who served the same by attaching Johnson’s horse, saddle and bridle. These articles were receipted to the deputy, by one Waterman,, w^10 s0^ them. Johnson, having obtained’ a final judgment' against Brooks in that action, demanded the articles so attached, of the deputy. They were not returned to him; and he thereupon commenced the present action of trover against the sheriff, to recover their value. On the day…
1Opinion of the Court
The °P*n^on °f ^ie Court was pronounced by
Prentiss, J.
It is a principle which has been long rccogniz-ed, and.is well settled, that the sheriff is answerable civililer for all acts of his deputy, done under colour of his office. (Ackworth vs. Kempe, Doug. 48.—Woodgate vs. Knatchbull, 2 T. Rep. 148.—Sturmy vs. Smith, 11 East. 25.—Stamvay vs. Perry, 1 Bos. & Pul. 157.) The act of the deputy is considered, in law, to be the act of'the sheriff himself, and the sheriff may be sued for it, in trover or trespass, or in any other form of action suited to the nature of the case. There is no doubt,…
2Cases cited1 opinion
- Clap v. BellMassachusetts Supreme Judicial Court · 1808
3Cited by7 opinions
- Flanagan v. HoytSupreme Court of Vermont · 1864
- Lyman v. HolmesSupreme Court of Vermont · 1915
- Nixon v. PhelpsSupreme Court of Vermont · 1857
- Roberts v. CarpenterSupreme Court of Vermont · 1881
- Mussey v. PerkinsSupreme Court of Vermont · 1864
2 more not listed; retrieve them via the Exa API.