Abbott v. Edgerton
Supreme Court of Vermont
Case against a sheriff, in two counts: the first for not keeping property attached by him to respond to the judgment, and the second for neglecting to make a minute upon the execution of the time when he received it for collection. Plea, the general issue, and trial by jury, at the September Term, 1857,— Kittredge, J., presiding.
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Case against a sheriff, in two counts: the first for not keeping property attached by him to respond to the judgment, and the second for neglecting to make a minute upon the execution of the time when he received it for collection. Plea, the general issue, and trial by jury, at the September Term, 1857,— Kittredge, J., presiding. The plaintiff introduced in evidence an original writ, record of judgment and execution in his favor against the Rutland and Burlington Railroad Company. The defendant served the writ as sheriff of Rutland county, and certified in his return thereon that he had…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
In this case the jury must have found that the attorney for the plaintiff directed the defendant to return that he had attached a car, but that he need not take it into his possession, and that he should not be liable on account of it in any way, and that the sheriff, in consequence of this direction, made his return accordingly and neglected to take possession of the car.
It is manifest that under this state of facts, it would be the grossest injustice to hold the officer liable to the plaintiff for not keeping the car to satisfy the…
2Cases cited1 opinion
- Ordway v. BaconSupreme Court of Vermont · 1842
3Cited by3 opinions
- Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
- Cowdery v. SmithSupreme Court of Vermont · 1877
- Brunswick-Balke Collender Co. v. HerrickSupreme Court of Vermont · 1891