Shaw v. Baldwin
Supreme Court of Vermont
Case for the neglect of the defendant, as sheriff of Orange county, for not collecting an execution in the plaintiff’s favor against one Low, which the plaintiff placed in his hands for collection. It appeared that the execution was levied by the defendant upon a piano forte, as the property of Low, but that previous to the time appointed for its sale on execution, the piano was replevied and taken out of his hands, upon a writ against him in favor of one Prichard.
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Case for the neglect of the defendant, as sheriff of Orange county, for not collecting an execution in the plaintiff’s favor against one Low, which the plaintiff placed in his hands for collection. It appeared that the execution was levied by the defendant upon a piano forte, as the property of Low, but that previous to the time appointed for its sale on execution, the piano was replevied and taken out of his hands, upon a writ against him in favor of one Prichard. This replevin writ was served upon the defendant by one-Bliss, who was then a deputy sheriff under the defendant, and who made…
1Opinion of the CourtKellogg, J.
The principal question which arises in this case is whether the service of the replevin writ, by virtue of which the property taken by the defendant as sheriff, on the execution in favor of the plaintiff against Low, was taken out of his hands, was so far irregular, by reason of its being made by a deputy of the defendant, that it should be treated as being a nullity or completely void.
It is not questioned that the service of process upon a sheriff by his deputy is irregular, and such service is clearly the subject of a plea in abatement; but if advantage of the defect is not taken by such…
2Cases cited3 opinions
- Town of Charlotte v. WebbSupreme Court of Vermont · 1835
- Town of Essex v. PrentissSupreme Court of Vermont · 1834
- Fairfield v. HallSupreme Court of Vermont · 1836
3Cited by7 opinions
- Clause v. Columbia Savings & Loan Ass'nWyoming Supreme Court · 1908
- Hayman v. WeilSupreme Court of Florida · 1907
- Krueger v. PierceWisconsin Supreme Court · 1875
- Flanagan v. HoytSupreme Court of Vermont · 1864
- Hansford v. TateWest Virginia Supreme Court · 1907
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