Johnson v. Rice
Supreme Court of Vermont
Trover for a quantity of rye. Plea, in abatement, that the rye in question was taken by the defendant, as constable of Worcester, on ah execution against Martin C. Brown, and as the property of said Brown, and that the writ in this case was served on the defendant on the 4th day of December, 1841, and made returnable on the 11th day of the same December. Demurrer to said plea, and joinder in demurrer.
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Trover for a quantity of rye. Plea, in abatement, that the rye in question was taken by the defendant, as constable of Worcester, on ah execution against Martin C. Brown, and as the property of said Brown, and that the writ in this case was served on the defendant on the 4th day of December, 1841, and made returnable on the 11th day of the same December. Demurrer to said plea, and joinder in demurrer. This case was commenced before a justice of the peace and appealed to the county court. The county court adjudged the defendant’s plea sufficient, and that the plaintiff’s writ be abated. To…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The statute requires, in case of a suit against a sheriff or' other officer for any ' default, neglect, or misconduct in their respective offices,’ that there shall be at least eighteen days notice before the session of the court to which the writ is made returnable, and this action is treated by the defendant, as an action of that description.
But it is to be remarked that this is the common action of trover, and there is no pretence that the right of action arises out of any official neglect or misfeasance of the defendant. None is alleged…
2Cited by1 opinion
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