Crane v. Warner
Supreme Court of Vermont
Trespass on the case against the defendant, as constable of Jericho, for not taking bail on a writ of attachment in favor of the plaintiff, who was a deputy sheriff within and for the county of Chittenden, against Lewis Rood and Orlin Rood, on a receipt for property attached by the plaintiff, as deputy sheriff, by virtue of a writ of attachment in favor of the Bank of Burlington against William Carley and others, and for falsely returning that he had taken good and…
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Trespass on the case against the defendant, as constable of Jericho, for not taking bail on a writ of attachment in favor of the plaintiff, who was a deputy sheriff within and for the county of Chittenden, against Lewis Rood and Orlin Rood, on a receipt for property attached by the plaintiff, as deputy sheriff, by virtue of a writ of attachment in favor of the Bank of Burlington against William Carley and others, and for falsely returning that he had taken good and sufficient bail on said writ, in favor of plaintiff against said Lewis and Orlin, which last mentioned writ was served upon the…
1Opinion of the Court
*43The opinion of the court was delivered by
Bennett, J.
The defendant, in his plea in abatement, claims, that the writ and declaration ought to be abated ; because he says, 1 that H. Ferris, by whom the writ was served, £ was not at the time of service a person duly authorized and ‘ qualified by law to sferve the same.’ The piea does not make the return of the officer a part of it by reference to it, or otherwise; and there is no averment that Ferris served the writ as high bailiff. If it had been so alleged, the plea should have gone still further and have negated the fact that the sheriff of…
2Cited by1 opinion
- Nixon v. PhelpsSupreme Court of Vermont · 1857