Legal Opinion

Hurlburt v. Hicks

Supreme Court of Vermont

Decided January 15, 1845PublishedCited by 10 opinions

Trustee Process. The trustee Woodruff disclosed that he was a deputy sheriff, and as such received for collection two executions upon judgments rendered in favor of the defendant Hicks, and that he collected, the amount due thereon during the life of the executions, being in the whole $459,27, and that he held that sum in his hands, belonging to the said Hicks, at the time of the service of the writ in this action upon him.

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Trustee Process. The trustee Woodruff disclosed that he was a deputy sheriff, and as such received for collection two executions upon judgments rendered in favor of the defendant Hicks, and that he collected, the amount due thereon during the life of the executions, being in the whole $459,27, and that he held that sum in his hands, belonging to the said Hicks, at the time of the service of the writ in this action upon him. The judgments, on which said executions were issued, were rendered by Franklin county court,' at the September Term, 1843, the executions were dated September 27, 1843,…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

In this case the trustees were adjudged chargeable on their disclosures. It appears that Woodruff had, as deputy sheriff, collected on execution in favor of Hicks, one of the defendants in this action, an amount, for which the county court adjudged him trustee of Hicks. The execution, on which he collected the money, bore date September 27, 1843, and was returnable in sixty days; he collected the money within the life of the execution ; and the writ in the present case was served on him, as trustee, on the 29th day of November, 1843.

The…

2Cases cited1 opinion

  1. Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807

3Cited by10 opinions

  1. New Haven Steam Saw-Mill Co. v. FowlerSupreme Court of Connecticut · 1859
  2. Lightner v. SteinagelIllinois Supreme Court · 1864
  3. Hill v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1861
  4. Stebbins v. PeelerSupreme Court of Vermont · 1857
  5. W. R. Lovejoy & Co. v. LeeSupreme Court of Vermont · 1862

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