Phillips v. Wood
Supreme Court of Vermont
Case against the defendant as sheriff of Washington County, for the default of his deputy, one Page, in permitting the escape of John Babcock from arrest on mesne process. Plea, not guilty, and trial by the court, in Washington County, at the March Term, 1858, — Barrett, J., presiding.
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Case against the defendant as sheriff of Washington County, for the default of his deputy, one Page, in permitting the escape of John Babcock from arrest on mesne process. Plea, not guilty, and trial by the court, in Washington County, at the March Term, 1858, — Barrett, J., presiding. The plaintiff introduced in evidence a writ in his favor against Babcock, containing a declaration in an action on contract, with the return of Page thereon as deputy sheriff; also the record of a judgment rendered in said action against Babcock at the March Term, 1856, of the Washington County Court; and an…
1Opinion of the Court
Redfield, Ch. J.
There can be no question that the sheriff is liable to the amount of the execution, upon the facts found by the bill of exceptions, unless the affidavit, by virtue of which the execution issued as a capias, is defective, or not so filed as to be a compliance with the statute.
1. The objection to the form of the affidavit is, that it does not follow the words of the statute, in stating that the deponent has good reason to believe, but omits all qualification of the reason simply saying, “ I have reason to believe and do believe.” This, it seems to us, is not a material omission.…
2Cited by3 opinions
- Gove v. Gove's Admr.Supreme Court of Vermont · 1914
- Muzzy v. HowardSupreme Court of Vermont · 1869
- Administrator of Whitcomb v. CookSupreme Court of Vermont · 1867