Briggs v. Taylor
Supreme Court of Vermont
This was an action on the case against the defendant, as sheriff of Chittenden county, for the neglect of his deputy, Rolla Gleason, in the care of property attached by him on process against the plaintiff, and was tried by the jury on the general issue at the September Term, 1860, Kellogg, J., presiding.
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This was an action on the case against the defendant, as sheriff of Chittenden county, for the neglect of his deputy, Rolla Gleason, in the care of property attached by him on process against the plaintiff, and was tried by the jury on the general issue at the September Term, 1860, Kellogg, J., presiding. The plaintiff offered in evidence two writs of attachment against the plaintiff, one in favor of the National Life Insurance Company, and the other in favor of Joseph Reed, returnable to Washington county court, at its November Term, 1851. These writs were both served by Gleason, as deputy…
1Opinion of the CourtAldis, J.
The first question and the important - one is, can the plaintiff, being the general owner of property attached by one of his creditors, maintain a suit against the attaching officer for damage done to property attached through the officer’s negligence, while the suit upon which the property is attached is still pending, and the attachment is still in force.
The debtor is the gener&l owner of the property ; the attaching creditor has a contingent lien by his attachment — a lien which may be defeated by the debtor’s paying the debt, or replevying the property, or by the creditor’s failing in the…
2Cited by6 opinions
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- Johnson v. BeattieSupreme Court of Vermont · 1915
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