State Treasurer v. Kelsey
Supreme Court of Vermont
This was scire facias in favor of the treasurer of the state Against the defendants as bail of JVathan Fuller, late sheriffof the ‘county uf Caledonia.
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This was scire facias in favor of the treasurer of the state Against the defendants as bail of JVathan Fuller, late sheriffof the ‘county uf Caledonia. The declaration was as follows :— “Whereas,the Treasurer of the State ofVermont, by the consid-'era-tiou of the county court begun and holden at Woodstock, within *and for said county of Windsor, on the first Tuesday of June, in the year of our Lord one thousand eight hundred and thirty, recovered judgement against JVathan Fuller, late sheriff of said county of Caledonia, for the sum of seven hundred and six dollars and forty cents damages,…
1Opinion of the Court
Baylies, J.,
delivered the opinion of the Court. — As the treasurer of the state resided at Woodstock, in Windsor county, and here kept his office, it was the duly of Nathan Fuller, as •sberiffof Caledonia county, if he collected the money on said extents, to have paid it to the treasurer at his office ; or if said Fuller did not .collect the money, it was his duty to have returned said ■extents to the treasurer at his said office. But as Fuller did not pay over the money, nor return the extents, it may be said, that he, as sheriff, neglected his duty in Windsor county, and wassueable here for…
2Cases cited1 opinion
- Roger v. DavisSupreme Court of Vermont · 1826
3Cited by1 opinion
- Wing v. GleasonSupreme Court of Vermont · 1863