Legal Opinion

Hathaway v. Goodrich

Supreme Court of Vermont

Decided January 15, 1833PublishedCited by 10 opinions

This was an action of trespass for taking, and carrying away a DesJc. Plea the general Issue with notice, as by the declaration and pleadings referred to. The. issue being joined, was put to the Court for trial by. agreement. It was admitted that the., plaintiff owned the Desk m question; and that the defendant took .the same as charged in the declaration.

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This was an action of trespass for taking, and carrying away a DesJc. Plea the general Issue with notice, as by the declaration and pleadings referred to. The. issue being joined, was put to the Court for trial by. agreement. It was admitted that the., plaintiff owned the Desk m question; and that the defendant took .the same as charged in the declaration. It was also admitted that at the time of said taking, and for several years previous thereto, the defendant was, and had been constable - of and collector of taxes in and for the town of Swanton. . The defendant, then gav.e in evidence,…

1Opinion of the Court

The opinion of the Court was delivered by

Baylies, J.

In the case of Gyfford vs. Woodgate, 11 East. 299, Ld. Ellenborough says “ faith is to be given to the official act of a public officer like the Sheriff, even where third persons are concerned.” The law makes the Sheriff a certifying officer of his own doings upon precepts, which are put into his hands for service; therefore his return, as Sheriff, is-conclusive evidence against himself, and it is prima,facie evidence of the facts certified against third persons. 2 Phil. Ev. 226; 9 John. R. 96.

But where an officer is not required by law to…

2Cases cited1 opinion

  1. Green v. GillMassachusetts Supreme Judicial Court · 1811

3Cited by10 opinions

  1. Barrett v. CopelandSupreme Court of Vermont · 1844
  2. Horton v. Kansas City, Fort Scott & Gulf RailroadMissouri Court of Appeals · 1887
  3. Taylor v. MooreSupreme Court of Vermont · 1890
  4. Erickson v. SmithNew York Court of Appeals · 1869
  5. Hackett v. AmsdenSupreme Court of Vermont · 1885

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