Legal Opinion

Administrator of Barrett v. Copeland

Supreme Court of Vermont

Decided February 15, 1848PublishedCited by 6 opinions

Trespass on the Case against the defendant for making, as constable, a false return upon an execution in his hands, whereby the plaintiff alleged that he had been defeated in a suit which he had commenced against the defendant for an assault and battery, and had thereby been put to a great expense and damage and compelled to pay large sums of money.

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Trespass on the Case against the defendant for making, as constable, a false return upon an execution in his hands, whereby the plaintiff alleged that he had been defeated in a suit which he had commenced against the defendant for an assault and battery, and had thereby been put to a great expense and damage and compelled to pay large sums of money. The action was entered in the county court at the April Term, 1S44; and on the 15th day of April, 1846, and while the suit was still pending, the plaintiff deceased. The action was then continued until an administrator was appointed upon the…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The only inquiry before us is, does the plaintiff’s cause of action survive to his administrator? Though the question is of but little consequence, as applied to this case, still, as furnishing a rule, by which other cases are to be governed, it is of very considerable importance. The rule at common law was, that when the action, in form, must be ex delicto, for the recovery of damages, and the plea thereto not guilty, it died with the person. If, however, the case was one, in which the action could be framed in form ex contractu, it did not…

2Cited by6 opinions

  1. Bellows v. Administrator of AllenSupreme Court of Vermont · 1849
  2. Dana v. LullSupreme Court of Vermont · 1849
  3. Young v. AylesworthSupreme Court of Rhode Island · 1913
  4. Town of Winhall v. Estate of SawyerSupreme Court of Vermont · 1873
  5. Witters v. FosterUnited States Circuit Court · 1886

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