Carlisle v. Estate of Soule
Supreme Court of Vermont
Appeal from the probate court by the defendant. The plaintiff’s claim is based upon the alleged neglect of one A. S. Sampson, a deputy of the said A. J. Soule, who was at the time of the alleged grievances sheriff of Franklin County. The neglect complained of by the plaintiff in his declaration was, the omission of said Sampson to attach the property of one Hendrix, upon a writ placed in his hands for service, in favor of the plaintiff.
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Appeal from the probate court by the defendant. The plaintiff’s claim is based upon the alleged neglect of one A. S. Sampson, a deputy of the said A. J. Soule, who was at the time of the alleged grievances sheriff of Franklin County. The neglect complained of by the plaintiff in his declaration was, the omission of said Sampson to attach the property of one Hendrix, upon a writ placed in his hands for service, in favor of the plaintiff. To which the defendant answered by five special pleas in bar. Demurrer by plaintiff to three of said pleas. The court at the September term, 1871, Royoe, J.,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The plaintiff, by demurring to the defendant’s pleas in bar, admits that Hendrix was a bankrupt, before and at the time he sued out and delivered his writ to the testator’s deputy, A. S. Sampson, to serve ; and that the insolvency of Hendrix was known to him. He also thus admits that, more than four months afterwards, Hendrix was adjudged a bankrupt, by the distriet court, and paid a dividend to his creditors of fifty cents on the dollar; that his debt, on which the writ issued, was provable under the provisions of the bankrupt law, and that he…
2Cited by7 opinions
- Neill v. WardSupreme Court of Vermont · 1930
- American Wrecking Co. v. McManusWisconsin Supreme Court · 1921
- Mayo v. ClaflinSupreme Court of Vermont · 1919
- Stewart v. LeonardSupreme Judicial Court of Maine · 1907
- Dix v. BatchelderSupreme Court of Vermont · 1883
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