Pierson v. Gale
Supreme Court of Vermont
This was an action of trespass for false imprisonment alleged against the defendants. In the county court, defendants pleaded not guilty, with notice.
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This was an action of trespass for false imprisonment alleged against the defendants. In the county court, defendants pleaded not guilty, with notice. On trial, it appeared that in May, A. D. 1833, one Zebulon Lee, of Barre, in the county of Washington, recovered judgment in his favor against the plaintiff and the defendant, Johnson, before Stephen Freeman, a justice of the peace forsaid Washington county; and that execution issued thereon, and was delivered to the sheriff of Orleans county, to be executed. — That in July, A. D. 1833, and within the life of the execution, in consideration…
1Opinion of the Court
*511The opinion of the court was delivered by
Redeield, J.
The question to be determined here is, howfar final process, sued out alter the judgment had been paid, but not released or discharged of record, and without the concurrence of the creditor, will operate as a justification to those claiming to act under it. An execution issued to enforce the payment of a judgment after it had been once paid, may, no doubt, be a sufficient justification in trespass to the officer and bis assistants. He is never bound to look beyond the process. If that is regular upon its face, it is sufficient for him and…
2Cases cited5 opinions
- Briggs v. WardwellMassachusetts Supreme Judicial Court · 1813
- Brown v. FeeterNew York Supreme Court · 1831
- Luddington v. PeckSupreme Court of Connecticut · 1818
- Merrill v. NearNew York Supreme Court · 1830
- Farmers Bank of Alexandria v. HooffU.S. Circuit Court for the District of District of Columbia · 1833
3Cited by12 opinions
- State v. HodgsonSupreme Court of Vermont · 1893
- Dorothy A. Fleming v. Evelyn McEnanyCourt of Appeals for the Second Circuit · 1974
- Goodell v. TowerSupreme Court of Vermont · 1904
- Heleba v. AllbeeSupreme Court of Vermont · 1992
- Charles R. Williams v. Geno H. FranzoniCourt of Appeals for the Second Circuit · 1954
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