Ayer v. Jameson
Supreme Court of Vermont
This was an action on the case against the defendant, as sheriff of Orleans county, for neglect of duty in not keeping property, attached by bis deputy, John W. Mason', at the suit of the plaintiff against one Rogers, or in not pursuing such a course, ,as .to preserve the lien acquired by -the attachment. Plea — general issue, and trial by jury.
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This was an action on the case against the defendant, as sheriff of Orleans county, for neglect of duty in not keeping property, attached by bis deputy, John W. Mason', at the suit of the plaintiff against one Rogers, or in not pursuing such a course, ,as .to preserve the lien acquired by -the attachment. Plea — general issue, and trial by jury. The plaintiff gave in evidence the attachment, at nis suit, of Rogers’ personal property, by Mason, -as .deputy of .defendant— and the record of the proceedings and judgment, in said suit against Rogers. He also proved, that within thirty days after…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
We think, from the case as presented, that the defendant was rightly held accountable to the plaintiff.
When the goods and chattels of a debtor are attached, and a judgment is rendered against the debtor, the lien is preserved, if the creditor deliver the execution to the officer, who made the attachment, within 30 days from the date of the judgment. The articles attached are considered in the custody of the attaching officer, and it is his duty to levy the execution thereon, unless directed -.to the contrary. Where the attachment is…
2Cases cited1 opinion
- Bliss v. StevensSupreme Court of Vermont · 1831
3Cited by2 opinions
- Flanagan v. HoytSupreme Court of Vermont · 1864
- Blodgett v. AdamsSupreme Court of Vermont · 1851