Legal Opinion

Gilbert v. Crandall

Supreme Court of Vermont

Decided February 15, 1861PublishedCited by 5 opinions

Case against the defendant, as sheriff of the county of Wind-ham, for not safely keeping and delivering to the officer having an execution, five hundred barrels of flour attached by him on mesne pz’oeess. The plaintiff, proved the attachment, the recovery of judgment, and the issue of execution in the action, in the manner set forth in the declaration, together with the demand of the property and the refusal of the defendant to deliver the same.

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Case against the defendant, as sheriff of the county of Wind-ham, for not safely keeping and delivering to the officer having an execution, five hundred barrels of flour attached by him on mesne pz’oeess. The plaintiff, proved the attachment, the recovery of judgment, and the issue of execution in the action, in the manner set forth in the declaration, together with the demand of the property and the refusal of the defendant to deliver the same. The defendant then offered evidence that after he attached the property he delivered the same for safe keeping to Calvin Townsley and Charles W.…

1Opinion of the Court

Peck J.

This is an’action on the case against the defendant, as sheriff of the county of Windham, for not safely keeping and delivering to the officer having the execution, five hundred barrels of flour attached by -him at the suit of the plaintiffs against Calvin Townsley on the original writ.

The plaintiffs made the necessary proof to entitle them to recover — and among other things proved that the officer having * the execution for collection made seasonable demand on the defendant for the property, and that the defendant did not deliver it.

The case shows that the defendant •“ then offered…

2Cited by5 opinions

  1. McDermott v. JaquithSupreme Court of Vermont · 1914
  2. Stannard v. TillotsonSupreme Court of Vermont · 1914
  3. Holcomb v. C. N. Nelson Lumber Co.Supreme Court of Minnesota · 1888
  4. Rider v. SheldonSupreme Court of Vermont · 1884
  5. Town of Lowell v. StannardSupreme Court of Vermont · 1916

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