Bell v. Roberts
Supreme Court of Vermont
This was an action on the case for damages arising from a defective levy of the plaintiff’s execution against Nathaniel Sinclair upon a piece of land in Hardwick, by P. Bliss, a deputy appointed by the defendant, who was sheriff of Caledonia county.
Read the full summary
This was an action on the case for damages arising from a defective levy of the plaintiff’s execution against Nathaniel Sinclair upon a piece of land in Hardwick, by P. Bliss, a deputy appointed by the defendant, who was sheriff of Caledonia county. Several defects are set forth in the declaration, only one of which was relied on at the trial, viz: that the sheriff’s return did not show that the justice of the peace, who appointed the appraisers, could by law judge between the parties in civil causes. The defendant pléaded the general issue which was closed to jury. On the trial in the county…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The court think the plaintiff in this case, at all events, entitled to recover nominal damages. If the officer was required, as in the present case, to do an official act, which did not subject him to an action from any one, it was his duty to do the act in a legal manner. And whether it would avail the creditor, was no matter of concern to him. If the creditor saw fit in this manner to try the title of his debtor to real estate, it was his right to have a perfect levy, in the first instance, and, as we decided when this case was in this…
2Cited by1 opinion
- State ex rel. Blachley v. YoumansIndiana Supreme Court · 1848