Hutchinson v. Parkhurst
Supreme Court of Vermont
IN ERROR. THE action below was case against the defendant, for neglect of duty as a deputy sheriff, in not returning an execution in favour of the plaintiff, against one Samuel Cleveland, and for not paying over the money collected thereon.
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IN ERROR. THE action below was case against the defendant, for neglect of duty as a deputy sheriff, in not returning an execution in favour of the plaintiff, against one Samuel Cleveland, and for not paying over the money collected thereon. The receipt of the money, by the deputy, on the execution, was alleged to have been on the first day of February, 1815, and a demand by the plaintiff, and refusal of the defendant to pay over the money, were alleged to have been on the first day of November, 1823. The defendant pleaded .the general issue, with notice, that under said plea, he should give…
1Opinion of the Court
The opinion of the Court was delivered by
Skinner,. Ch. J.
The reason urged by the counsel for the defendant, against setting aside the judgment of the county court, viz. that the testimonj: of the Clevelands, on the part of the plaintiff, which was admitted by the court,, ought to have been rejected, can have no weight in deciding this case, if error in any part, qf the-proceeding is the cause of the judgments having. *263been rendered against the plaintiff. The .objection .seems tp rest upon the principle, that as no recovery pan be had without proof of the .material facts testified ,to, hy…
2Cited by4 opinions
- Ordway v. BaconSupreme Court of Vermont · 1842
- Allen v. CartySupreme Court of Vermont · 1846
- Gleason v. BriggsSupreme Court of Vermont · 1855
- Buck v. AshleySupreme Court of Vermont · 1865