Legal Opinion

Hicks v. Gleason

Supreme Court of Vermont

Decided January 15, 1848PublishedCited by 8 opinions

Trespass on the Case against the defendant, as sheriff of the county of Chittenden, for the neglect of his deputy, Harmon Wood-ruff, to pay to the plaintiff money collected by him upon an execution in the plaintiff’s favor, although requested so to do. Plea, the general issue, and trial by the court, April Term, 1846, — Rovce, J., presiding.

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Trespass on the Case against the defendant, as sheriff of the county of Chittenden, for the neglect of his deputy, Harmon Wood-ruff, to pay to the plaintiff money collected by him upon an execution in the plaintiff’s favor, although requested so to do. Plea, the general issue, and trial by the court, April Term, 1846, — Rovce, J., presiding. On trial the plaintiff proved the rendition of the judgment-and the issuing of the execution described in his declaration, and also proved, that he delivered the execution to Harmon Woodruff, who was a deputy of the defendant, to collect and return…

1Opinion of the Court

The opinion of the court was delivered by

Davis, J.

The circumstances detailed in the bill of exceptions furnish a good ground of action, confessedly, unless the fact of the pendency of the trustee suits against the defendant’s deputy, at the time this suit was commenced, interposes a legal obstacle to a recovery. The defence assumes, that at that time, when the result of the trustee suits could not have been foreseen, the officer was justified in withholding payment to the creditor; — which is true; — but it goes farther, and assumes, that, after the termination of those suits, adjudging him a…

2Cases cited2 opinions

  1. Winthrop v. CarltonMassachusetts Supreme Judicial Court · 1812
  2. Morton v. WebbSupreme Court of Vermont · 1835

3Cited by8 opinions

  1. Bridges v. SheldonUnited States Circuit Court · 1880
  2. Yazoo & Mississippi Valley Railroad v. FultonMississippi Supreme Court · 1893
  3. Lynch v. Hartford Fire Ins.United States Circuit Court · 1883
  4. Jones v. WoodSupreme Court of Vermont · 1858
  5. Lamphire v. CowanSupreme Court of Vermont · 1867

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