Ralston v. Strong
Supreme Court of Vermont
THIS was an action on the case, brought by the plaintiff, Ralston against William Strong, formerly Sheriff of Windsor County.
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THIS was an action on the case, brought by the plaintiff, Ralston against William Strong, formerly Sheriff of Windsor County. The declaration set forth, that the plaintiff, Alexander Ralston, on the 15th day of November, 1810, prayed out a writ of attachrnent in his favor against-- Gove of Montpelier, in the County •of Washington, returnable to the County Court, holden at Woodstock, in, and for the County of Windsor, in March, 1811. And delivered the same writ to the said William Strong, then Sheriff of said County of Windsor, to serve and return according to law. u That on the same 15th day…
1Opinion of the Court
Chipman Ch. J.
delivered the opinion of the Court.
After a full consideration of this case, the Court find little difficulty in making a decision. Whether the plea in bar be sufficient, depends on the question, whether the writ of replevin was legally directed, to the Constable, or, whether a Constable is authorised, by law, to serve such writ of replevin. By the 24th Section of the Judiciary Act, it is, among other things, provided, that every original writ issued in the ordinary mode, (for this section includes ordinary process only) shall be directed to the Sheriff, his, deputy, or á…
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