Bridges v. Perry
Supreme Court of Vermont
Case against the defendant, as sheriff of Windham county, for the neglect of his deputy, in not safely keeping and returning, to be sold on execution, seven cows, attached on a suit in plaintiff’s favor against one Dexter. Plea, general issue, and trial by jury. On the trial in the county court, the plaintiff introduced testimony tending to prove the allegations in his declaration.
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Case against the defendant, as sheriff of Windham county, for the neglect of his deputy, in not safely keeping and returning, to be sold on execution, seven cows, attached on a suit in plaintiff’s favor against one Dexter. Plea, general issue, and trial by jury. On the trial in the county court, the plaintiff introduced testimony tending to prove the allegations in his declaration. The defendant offered testimony to show that when the defendant’s deputy attached the cows, he delivered them, for safe keeping, to one Underwood, the plaintiff’s agent, who ordered the attachment made, being…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
In the trial of this case, the court below, having rejected the evidence offered by the defendant, to show that he was guilty of no negligence in keeping the property, without submitting it to the consideration of the jury, who were the proper judges of that question, did decide the case on the broad ground, that, even if that were shown, it would amount to no defence. This, then, is the only question to be here revised. This property was attached upon mesne process. We will examine the cases urged upon our consideration, and see how far…
2Cases cited4 opinions
- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
- Jenner v. JoliffeNew York Supreme Court · 1810
- Jenner v. JoliffeNew York Supreme Court · 1812
- Congdon v. CooperMassachusetts Supreme Judicial Court · 1818
3Cited by16 opinions
- Inhabitants of Cumberland Co. v. PennellSupreme Judicial Court of Maine · 1879
- Briggs v. TaylorSupreme Court of Vermont · 1855
- State v. GrammWyoming Supreme Court · 1898
- State v. CopelandTennessee Supreme Court · 1896
- Hartleib v. McLane's AdministratorsSupreme Court of Pennsylvania · 1863
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