Stebbins v. Peeler
Supreme Court of Vermont
Trustee process. In June, 1851, the plaintiff sued the defendant and caused to be attached certain property which the defendant claimed was exempt from attachment, and for the taking and detention of which he brought a suit against the plaintiff and one Kemper who was the plaintiff’s attaching officer.
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Trustee process. In June, 1851, the plaintiff sued the defendant and caused to be attached certain property which the defendant claimed was exempt from attachment, and for the taking and detention of which he brought a suit against the plaintiff and one Kemper who was the plaintiff’s attaching officer. In this last mentioned suit the defendant, in September, 1854, recovered a judgment against the plaintiff and Kemper for sixty dollars and ninety-five cents damages, and one hundred and sixteen dollars and forty cents costs, and this judgment was recovered for the value of the property attached…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
It is fully decided in Hurlburt v. Hicks and Trustee, 17 Vt. 193, that a sheriff or deputy sheriff, having collected money for a creditor on execution, is liable as trustee of the creditor, whether the money has beenj demanded or not. This is the general rule of liability upon the subject.
In the present case an exemption is claimed on the ground that the money in the trustee’s hands was collected on a judgment, against this very plaintiff for taking on execution property of the principal defendant exempt from attachment and levy.
It has…
2Cases cited1 opinion
- Hurlburt v. HicksSupreme Court of Vermont · 1845
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