Flinn v. St. John
Supreme Court of Vermont
Case brought March 16, 1875, against an indifferent person for neglecting to serve a writ. Pleas, general issue, and Statute of Limitations. Trial by jury, April Term, 1877, Pierpoint, C. J., presiding.
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Case brought March 16, 1875, against an indifferent person for neglecting to serve a writ. Pleas, general issue, and Statute of Limitations. Trial by jury, April Term, 1877, Pierpoint, C. J., presiding. It appeared that on February 7, 1860, the plaintiff, then a creditor of Ashley & Warner to the amount of about $330, took out a writ of attachment against them and one Witters as trustee, directed to the defendant as -an indifferent person, and on the same day delivered it to the defendant for service. And the testimony on the part of the plaintiff tended to show that at the time he delivered…
1Opinion of the Court
The opinion' of the court was delivered by
Ross, J.
I. By his first and second requests the defendant contends that on the facts of the case the plaintiff has misconceived the form of action ; that it should have been contract rather than case ; that, being an authorized person, and not a regular officer, it was not negligence for him not to obey the command of the precept which he had undertaken to serve, and so fail to secure the plaintiff’s debt; that as he was under no obligation to receive the writ and undertake its service, his only duty to the plaintiff in making the service was that…
2Cases cited5 opinions
- Adams v. GaySupreme Court of Vermont · 1847
- Lovejoy v. WhippleSupreme Court of Vermont · 1846
- Sargeant v. ButtsSupreme Court of Vermont · 1849
- Sumner v. JonesSupreme Court of Vermont · 1852
- Gates v. GainesSupreme Court of Vermont · 1838
3Cited by4 opinions
- Corey v. BoyntonSupreme Court of Vermont · 1909
- Thomas v. GravesSupreme Court of Vermont · 1916
- Hill v. LongeSupreme Court of Vermont · 1921
- Lovell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1910