Prentiss v. Bliss
Supreme Court of Vermont
Action on tbe case against the defendant as sheriff of the county of Chittenden, founded on a receipt executed by his deputy for an,execution in favor of the plaintiff against Joseph Sinclear, which the deputy had received to serve, levy and return. The first count was for not paying over the money collected on said execution on demand made. The second count was for not returning the execution.
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Action on tbe case against the defendant as sheriff of the county of Chittenden, founded on a receipt executed by his deputy for an,execution in favor of the plaintiff against Joseph Sinclear, which the deputy had received to serve, levy and return. The first count was for not paying over the money collected on said execution on demand made. The second count was for not returning the execution. The defendant pleaded, first, the general issue, which was joined to the court ; and secondly, in bar, that the execution was paid by Sinclear to the officer holding it in Burlington bank bills, which…
1Opinion of the Court
The opinion of the Court was delivered by,
Williams, J.
This case comes before us on demurrer to the. *515defendants plea, a final judgement having been rendered for the defendant in the county court. This question alone is presented : whether'a sheriff, having collected money on an execution, is jus-tiffed in applying that money in satisfaction of another execution against the creditor in the first execution. ' In this case it is disclosed in the plea, that the money which was collected for the plaintiff was bank bills; but this cannot affect the question under consideration. Bank bills pass,and…
2Cases cited4 opinions
- Williams v. RogersNew York Supreme Court · 1809
- Handy v. DobbinNew York Supreme Court · 1815
- Holmes v. NuncasterNew York Supreme Court · 1815
- Conant v. BicknellSupreme Court of Vermont · 1790
3Cited by5 opinions
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- Commerce Vault Co. v. BarrettIllinois Supreme Court · 1906
- W. R. Lovejoy & Co. v. LeeSupreme Court of Vermont · 1862
- Adams v. LaneSupreme Court of Vermont · 1866