Cowdery v. Johnson
Supreme Court of Vermont
Tiíesuass for false imprisonment. Pleas, general issue, two pleas in bar, and notice. Trial by court, June Term, 1887, Veazey, J., presiding. Judgment for the defendant. The case appears in the opinion of the court. The deputation of defendant required a judicial decision of certain facts and the performance of a corporal act by the sheriff. It is analogous to the authorization by a justice of a person to serve a writ.
Read the full summary
Tiíesuass for false imprisonment. Pleas, general issue, two pleas in bar, and notice. Trial by court, June Term, 1887, Veazey, J., presiding. Judgment for the defendant. The case appears in the opinion of the court. The deputation of defendant required a judicial decision of certain facts and the performance of a corporal act by the sheriff. It is analogous to the authorization by a justice of a person to serve a writ. Sec. 862 R. L. It cannot be done in blank or by proxy, Kellogg, Ex parte, 6 Vt. 509. In Kelly v. Paris, 10 Vt. 261, an authorization in legal form upon a blank writ which was…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The original and the alias executions had been put into the hands of the sheriff for service, and he had deputed the defendant to serve them, but he had returned them unsatisfied. On April 15, 1885, the. sheriff left the State, and was gone several days. The day he went away or the day before, Mr. Blodgett, the attorney of the execution creditor, called on him with reference to serving a pluries execution. He told Mr. Blodgett he was going away, but if he would bring him the pluries before he went, he would indorse upon it a deputation to the…
2Cases cited1 opinion
- Brooks v. FarrSupreme Court of Vermont · 1878
3Cited by3 opinions
- Buckner v. Ridgely Protective Ass'nWashington Supreme Court · 1924
- Jaselli v. Riggs National BankCourt of Appeals for the D.C. Circuit · 1911
- Lewis v. SmithSupreme Court of Colorado · 1909