Chase v. Town of Plymouth
Supreme Court of Vermont
Trespass on the Case against the defendants for tlie default of Jairus Josselyn, their constable for the year commencing in March, 1844, in not levying or returning an execution against one Headle, delivered to him for collection. Plea, the general issue, and trial by the court, November Term, 1846, — Kellogg, J., presiding.
Read the full summary
Trespass on the Case against the defendants for tlie default of Jairus Josselyn, their constable for the year commencing in March, 1844, in not levying or returning an execution against one Headle, delivered to him for collection. Plea, the general issue, and trial by the court, November Term, 1846, — Kellogg, J., presiding. On trial it appeared, that Josselyn was constable of Plymouth, as alleged in the declaration; that the plaintiff, Chase, formerly owned a note against Rufus K. Headle, which was payable to himself, and which he sold to Russell D. Hosley; that Hosley commenced a suit…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
Two questions, affecting- alike the right of the plaintiff Chase, and that of Hosley, the real owner of the judgment and *472execution against Headle, to recover against the defendants, have been adverted to, but not much insisted upon ; one, that the execution was informal, in omitting the command to the officer to dispose of the goods of the debtor, — the other, that Hosley had controlled the execution, while in the hands of Josselyn, the constable, so that neither he, nor the town, was responsible for the omission charged in the declaration.…
2Cases cited2 opinions
- Fletcher v. MottSupreme Court of Vermont · 1826
- McGregor v. Town of WaldenSupreme Court of Vermont · 1842
3Cited by2 opinions
- Bradley v. ChamberlainSupreme Court of Vermont · 1859
- Dix v. BatchelderSupreme Court of Vermont · 1883