Legal Opinion

Dix v. Batchelder

Supreme Court of Vermont

Decided May 15, 1883PublishedCited by 2 opinions

Cask for neglect of the defendant, W. J. Batchelder, as constable of the town of Plainfield, in serving a writ in favor of the plaintiff against R. E. Peabody & Co. Jury Trial, September Term, 1881, Redfield, J., presiding. Verdict for plaintiff.

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Cask for neglect of the defendant, W. J. Batchelder, as constable of the town of Plainfield, in serving a writ in favor of the plaintiff against R. E. Peabody & Co. Jury Trial, September Term, 1881, Redfield, J., presiding. Verdict for plaintiff. It appeared on trial that the plaintiff, residing in Washington County, procured a writ in his favor against R. E. Peabody & Co., a company doing business in Caledonia County, and having no property in Washington County, and no member of said firm resided in Washington County; that he sent the writ by his brother, Orville Dix, to defendant,…

1Opinion of the Court

The opinion of the court was delivered by

Veazey, J.

■ The only questions now insisted upon arise upon the defendants’ requests and the charge of the court in respect thereto. It is claimed that a constable cannot be compelled to serve process beyond the limits of the town electing him, although his jurisdiction has been extended by vote throughout the State as provided it may. be. Acts of 1879, No. 82; Revised Laws, s. 851. In another form, it is claimed that constables are not under the same obligations as sheriffs, to serve process except within the limits of the town electing them; and that…

2Cases cited4 opinions

  1. Carlisle v. Estate of SouleSupreme Court of Vermont · 1872
  2. Stoddard v. TarbellSupreme Court of Vermont · 1848
  3. Chase v. Town of PlymouthSupreme Court of Vermont · 1848
  4. Isham v. EgglestonSupreme Court of Vermont · 1828

3Cited by2 opinions

  1. Templeton v. Capital Savings Bank & Trust Co.Supreme Court of Vermont · 1904
  2. Town of Irvington ex rel. Warranty Building & Loan Ass'n v. DubrowPennsylvania Court of Common Pleas · 1932

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