Wetherby v. Foster
Supreme Court of Vermont
This was an action on the case for the neglect of the defendant, as Sheriif of Franklin County in the levy and return of an execution.
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This was an action on the case for the neglect of the defendant, as Sheriif of Franklin County in the levy and return of an execution. The defendant plead not guilty ;• and there was a jury trial in the County Court; and exceptions were taken by the defendant, to several decisions, and Charge of the Court: all which appears in a bill of exceptions, too prolix to be inserted at length, but the1 prominent parts of which are recited in the arguments of counsel and the opinion of the Court. The jury returned a verdict for the plaintiff, and judgement was thereon rendered. The points, raised upon…
1Opinion of the CourtHutchinson, C. J.
This appears to be an action upon the case against the defendant, as Sheriff, of the county o f Franklin, for neglect of his deputy to levy an execution upon personal property, which the plaintiff contends he turned out to the deputy for that pui-pose. There was a jury trial in the County Court upon the general issue, and a verdict for the plaintiff; and exceptions taken to the instructions, given to the jury, and the want of instruction, requested by the defendant. There was also a motion in the arrest, which was overruled, and exceptions taken to *139that decision. Upon these exceptions the…
2Cases cited1 opinion
- Marshall v. HosmerMassachusetts Supreme Judicial Court · 1808
3Cited by9 opinions
- Doe v. ForrestSupreme Court of Vermont · 2004
- Hill v. WentworthSupreme Court of Vermont · 1856
- Weeks v. Town of LyndonSupreme Court of Vermont · 1881
- State v. FreemanSupreme Court of Vermont · 1891
- Hoskinson v. Central Vt. Rd.Supreme Court of Vermont · 1893
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