Willard v. Goodrich
Supreme Court of Vermont
Case against the defendant, as constable of the town of Middlebury, for neglect in not returning an execution in favor of the plaintiff against one Church. Plea, the general issue, and trial by jury, at the December Term, 1858, — Bennett, J., presiding; , On trial the defendant admitted the recovery of a judgment by the plaintiff against Church; the issue of an execution thereon, and its receipt and non-return by the defendant as constable; as set forth in the declaration.
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Case against the defendant, as constable of the town of Middlebury, for neglect in not returning an execution in favor of the plaintiff against one Church. Plea, the general issue, and trial by jury, at the December Term, 1858, — Bennett, J., presiding; , On trial the defendant admitted the recovery of a judgment by the plaintiff against Church; the issue of an execution thereon, and its receipt and non-return by the defendant as constable; as set forth in the declaration. It also appeared that the plaintiff had previously obtained a judgment against one Trowbridge, and that upon the original…
1Opinion of the CourtAldis, J.
When a party or his attorney assumes to give special instructions to an officer, in regard to the execution of process in his hands, differing from his legal duty, it is held that the officer is exonerated from his legal liability. The reason of this is, that he is influenced by such instructions to omit the performance of his plain official duty. He ceases to be a public officer, as to the business so entrusted to him, and becomes a private agent. In Strong v. Bradley, 14 Vt. 55, a leading case on this subject, and in which the law was carefully expressed, it is said, “if the officer was in…
2Cases cited3 opinions
- Gorham v. GaleNew York Supreme Court · 1827
- Jenney v. DelesdernierSupreme Judicial Court of Maine · 1841
- Strong v. BradleySupreme Court of Vermont · 1842
3Cited by9 opinions
- State v. WardSupreme Court of Vermont · 1888
- Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
- Applebaum v. StantonIdaho Supreme Court · 1929
- Shattuck v. BillMassachusetts Supreme Judicial Court · 1886
- Gibson v. HolmesSupreme Court of Vermont · 1905
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