Walworth v. Town of Readsboro
Supreme Court of Vermont
This was an action on the Case, to recover for the neglect of one John Carvey, constable of Readsboro in executing, collecting and paying an execution in favor of the plaintiff against Sylvester and Luna Bishop. The rendition of the judgment in favor of the plaintiff against said Sylvester and Luna Bishop, the issuing execution thereon, and that the same was placed in the hands of Carvey, then constable of Readsboro, for collection, was duly proved.
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This was an action on the Case, to recover for the neglect of one John Carvey, constable of Readsboro in executing, collecting and paying an execution in favor of the plaintiff against Sylvester and Luna Bishop. The rendition of the judgment in favor of the plaintiff against said Sylvester and Luna Bishop, the issuing execution thereon, and that the same was placed in the hands of Carvey, then constable of Readsboro, for collection, was duly proved. The plaintiff also introduced the return of said Carvey upon said execution, by which it appeared, that on the twenty-eighth day of December, A.…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The town of Readsboro is prosecuted for the neglect of their constable in not collecting and paying to the plaintiff the avails arising by sale on execution of a quantity of machinery.
The machinery was sold as the property of Sylvester and Luna Bishop, for an amount sufficient to pay the execution of the plaintiff. No objections have been urged as to the regularity of the proceedings in obtaining judgment, or in the sale on the execution. But as a defense, it is insisted that the machinery was not the property of the Bishops; that the officer…
2Cases cited5 opinions
- Morse v. CrawfordSupreme Court of Vermont · 1845
- Ross v. Bank of BurlingtonSupreme Court of Vermont · 1825
- Springstein v. SchermerhornNew York Supreme Court · 1815
- Hutchinson v. LullSupreme Court of Vermont · 1844
- Town of Castleton v. LangdonSupreme Court of Vermont · 1847
3Cited by7 opinions
- McConnel v. KibbeIllinois Supreme Court · 1864
- American Car & Foundry Co. v. ClarkIndiana Court of Appeals · 1904
- McCutcheon v. LeonardSupreme Court of Vermont · 1941
- Gilbert v. Watts-DeGolyer Co.Appellate Court of Illinois · 1896
- Hyatt v. WileySupreme Court of Vermont · 1935
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