Legal Opinion

Enos v. Brown

Supreme Court of Vermont

Decided August 15, 1814PublishedCited by 1 opinion

TflIS was a writ of error broughi to this Court, to reverse a judgment, rendered by the County Court, for the County of Windsor, in an action on the case, brought before that Court by Pascal P. Enos, the plaintiff in error, against Israel P. Brown, the defendant in error~~ The record of which judgment brought rnto this Court, is as follows c~israe1 P. Brown of Plymouth, in the County of Windsor is at~ tached to answer to Pascal P. for of woodstock, in the said County of…

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TflIS was a writ of error broughi to this Court, to reverse a judgment, rendered by the County Court, for the County of Windsor, in an action on the case, brought before that Court by Pascal P. Enos, the plaintiff in error, against Israel P. Brown, the defendant in error~~ The record of which judgment brought rnto this Court, is as follows c~israe1 P. Brown of Plymouth, in the County of Windsor is at~ tached to answer to Pascal P. for of woodstock, in the said County of Windsor, Sheriff of said County, in a plea of the case for that at Plymouth, on the 17th day of June, 1811, the plaintiff…

1Opinion of the Court

Chipman, Ch. J.

delivered the opinion of the Court.

In this case the writ of execution was delivered to the same officer who served the attachment; and the question is, whether the delivery of the execution, to such officer, is a taking of the property in execution, within the true intent and meaning of the 33d section of the judiciary act. The clause in this section “unless the plaintiff in such suit, shall within the term of thirty days from the time of rendering such judgment as aforesaid, take such property in execution, the same shall be discharged &c,” is clearly not to be construed…

2Cited by1 opinion

  1. Bliss v. StevensSupreme Court of Vermont · 1831

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