Bell v. Roberts
Supreme Court of Vermont
TREsPAss on ~h.e case against the defendant, as sheriff of Caledonia county, for the neglect of one of his deputies in making a defective levy of an execution, in favor of the plaintiff against one Sinclair, upon laud of the said Sinc1aii~, which levy was made on the nineteenth day of March, 1836, and the defect complained of was, that the return of the deputy did not show that th~ justice of the peace, who appointed the appraisers, could, by law, judge between the parties.
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TREsPAss on ~h.e case against the defendant, as sheriff of Caledonia county, for the neglect of one of his deputies in making a defective levy of an execution, in favor of the plaintiff against one Sinclair, upon laud of the said Sinc1aii~, which levy was made on the nineteenth day of March, 1836, and the defect complained of was, that the return of the deputy did not show that th~ justice of the peace, who appointed the appraisers, could, by law, judge between the parties. Plea, not guilty, and trial by jury. On the trial in the county court, the plaintiff introduced a copy of the record of…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
This is an action against an officer for an insufficient levy of an execution on land, the return not stating that the justice, who appointed the appraisers, was one who could judge between the parties. The first question is, -does the statute of 1837 include such defect. The statute of 1837 relates to levies “ irregular, informal, or not made according to the strict rules of law, so that the title shall he deemed doubtful or uncertain.” This would not, probably, include a levy defective, in substance, as to the subject matter; as a levy on…
2Cited by6 opinions
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- Hopkins v. HaywardSupreme Court of Vermont · 1861
- Parker v. ParkerSupreme Court of Vermont · 1882
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