Town of Barnard v. Henry
Supreme Court of Vermont
This was an action on the Case, against the defendant, as Sheriff of the county of Windsor, for neglect, in not collecting and returning an execution in favor of the plaintiffs, against Joseph B. Danforth, and others. Plea, the general issue, and trial by jury.
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This was an action on the Case, against the defendant, as Sheriff of the county of Windsor, for neglect, in not collecting and returning an execution in favor of the plaintiffs, against Joseph B. Danforth, and others. Plea, the general issue, and trial by jury. On the trial, the judgment against said Danforth and others was conceded, and also the issuing of an alias execution, on said judgment, November 15, 1849. The plaintiffs produced, and read in evidence, a receipt of the defendant, for said alias execution, and also offered one Hiram Aiken, who testified that he was town agent of said…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. In regard to the propriety of allowing a review in this case, the words of the statute Chap. 28, § 17, exception 4, seem to be very explicit. Ho review is to be allowed, in any suit brought against a sheriff, &c., for not executing, or duly returning a writ of execution — when a receipt was given by such officer, at the time of delivery thereof. The receipt is produced, and seems to have been given at the time. Indeed, that portion of the statute, in regard to time, seems to apply chiefly to a case where a receipt is demanded and not…
2Cases cited1 opinion
- Underwood v. HartSupreme Court of Vermont · 1850
3Cited by2 opinions
- In Re Campbell's WillSupreme Court of Vermont · 1927
- In re Estate of BarronSupreme Court of Vermont · 1919