Bliss v. Stevens
Supreme Court of Vermont
This was an action of assumpsit brought by the sheriff upon a receipt for property, attached by George A. Alien, a deputy of the plaintiff. The execution was delivered to Amos W. Butler, another deputy of the plaintiff, who made demand of the property of the receiptors in the life of the execution, but after the expiration of the thirty days from the rendition of the judgement.
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This was an action of assumpsit brought by the sheriff upon a receipt for property, attached by George A. Alien, a deputy of the plaintiff. The execution was delivered to Amos W. Butler, another deputy of the plaintiff, who made demand of the property of the receiptors in the life of the execution, but after the expiration of the thirty days from the rendition of the judgement. The case came up from the county court, upon a long bill of exceptions, taken by the defendants, against whom a recovery was had. The only questions now agitated were, whether the loss of the execu tion was…
1Opinion of the Court
Hutchinson, C. J.,
pronounced the opinion of the Court.— It appears by the exceptions, that the plaintiff was unable to produce on trial the original execution, which was delivered to his deputy, Butler, for him to levy upon, and sell, the properly in question; and he offered testimony to show it lost — testimony, which the county court admitted, and adjudged sufficient to show the loss. We have no doubt, nor does there seem to be any question, but that the loss of an execution, wanted for the purposes of this suit, may be proved like the loss of any other paper. And we think the testimony…
2Cases cited1 opinion
- Enos v. BrownSupreme Court of Vermont · 1814
3Cited by5 opinions
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- Lyman v. HolmesSupreme Court of Vermont · 1915
- Ayer v. JamesonSupreme Court of Vermont · 1837
- Blodgett v. AdamsSupreme Court of Vermont · 1851
- Carpenter v. Snell' EstateSupreme Court of Vermont · 1864