Maxfield v. Scott
Supreme Court of Vermont
Assumpsit upon a receipt for property attached on mesne process. The plaintiff alleged in his declaration, in substance, that he was specially authorized by a justice of the peace, pursuant to the statute, to serve a writ in favor of Henry Maxfield against Jabez Woodworth and George W. Woodworth; that' he made service of said writ upon Jabez Woodworth by attaching certain personal property, describing it, of the value of $143.00 ; that he delivered the said property to>t‘he…
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Assumpsit upon a receipt for property attached on mesne process. The plaintiff alleged in his declaration, in substance, that he was specially authorized by a justice of the peace, pursuant to the statute, to serve a writ in favor of Henry Maxfield against Jabez Woodworth and George W. Woodworth; that' he made service of said writ upon Jabez Woodworth by attaching certain personal property, describing it, of the value of $143.00 ; that he delivered the said property to>t‘he defendant, who promised to safely keep the same, and deliver it to the plaintiff, or any proper officer, who might hold…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
Several questions have been made. 1. It is objected, that the plaintiff cannot maintain this action, for the reason that he was an authorized person. If the law recognizes him for the purpose of making legal service, and creating a lien by way of attachment of property, all this power would be lost, if he could not perfect the lien in the manner here attempted. The case of Thayer v. Hutchinson et al., 13 Vt. 504, establishes the authority of the receiptor to pursue the property for the benefit of the authorized person. If the receiptor, in'…
2Cases cited3 opinions
- Eddy v. SpragueSupreme Court of Vermont · 1838
- Learned v. BellowsSupreme Court of Vermont · 1836
- Thayer v. HutchinsonSupreme Court of Vermont · 1841
3Cited by5 opinions
- Briggs v. OaksSupreme Court of Vermont · 1853
- Brown v. GleedSupreme Court of Vermont · 1860
- Thorp v. Thorp's EstateSupreme Court of Vermont · 1902
- Reed v. Stockwell & WarrenSupreme Court of Vermont · 1861
- Robinson v. PotterSupreme Court of New Hampshire · 1861