Ordway v. Bacon
Supreme Court of Vermont
Action on the case, against the defendant, as sheriff of Orange county, in two counts. In the first count, the plaintiff alleged, substantially, that he prayed out a writ in his favor against Newell Ordway, and delivered it to Benjamin H. Adams, a deputy under the defendant, to serve and return; that the said Adams served said writ by arresting the body of said Newell, and neglected either to commit him to jail or to take bail on the writ, but suffered him to go at large ;…
Read the full summary
Action on the case, against the defendant, as sheriff of Orange county, in two counts. In the first count, the plaintiff alleged, substantially, that he prayed out a writ in his favor against Newell Ordway, and delivered it to Benjamin H. Adams, a deputy under the defendant, to serve and return; that the said Adams served said writ by arresting the body of said Newell, and neglected either to commit him to jail or to take bail on the writ, but suffered him to go at large ; that the plaintiff recovered judgment in said suit against the said Newell, upon which an execution issued and was…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This case is to be considered as if the defendant had personally made the service and return in question, since the statute has declared, that the official acts of a deputy sheriff shall be taken and deemed to be those of the sheriff himself. Two questions arise in the case as presented here: 1. Whether the defendant should have been permitted to prove the facts set up in defence; and, 2. Whether Adams was a competent witness for that purpose, being first duly discharged by the defendant. As the gravamen of the first count in the declaration…
2Cases cited1 opinion
- Hutchinson v. ParkhurstSupreme Court of Vermont · 1826
3Cited by7 opinions
- Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
- Allen v. CartySupreme Court of Vermont · 1846
- Hutchinson v. PettesSupreme Court of Vermont · 1846
- Hutchinson v. LullSupreme Court of Vermont · 1844
- Abbott v. EdgertonSupreme Court of Vermont · 1858
2 more not listed; retrieve them via the Exa API.