Hall v. Tomlinson
Supreme Court of Vermont
This was Trespass on the case against an officer, for insufficient and illegal service and return of an execution. Plea not guilty within six years before the commencent of the action, on which issue was joined to the jury in the County Court.
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This was Trespass on the case against an officer, for insufficient and illegal service and return of an execution. Plea not guilty within six years before the commencent of the action, on which issue was joined to the jury in the County Court. To support the issue on her part the plaintiff gave in evidence the record of the judg’t in her favor against Elias; Hall, and the levy of an execution issued thereon on lands, made by the deputy of the defendant; also, the record of a suit in ejectment in favor of said Elias Hall against the plaintiff, for said lands. It was admitted that soon after…
1Opinion of the Court
*230The opinion of the Court was delivered by
Williams, J.
It is not set forth in the case what wa3 the irregularity in the service and return made by the defendant on the execution therein mentioned, which occasioned this suit. It is agreed however, that the return was dated the day after the execution expired, that on the trial of an action of ejectment brought by Elias Hall the debtor in the execution, against the present plaintiff, the levy was adjudged to be void, and in consequence thereof a recovery was had against her in that action.
To determine when the statute of limitation commenced…
2Cases cited1 opinion
- Read v. MarkleNew York Supreme Court · 1808
3Cited by4 opinions
- McKay v. CoolidgeMassachusetts Supreme Judicial Court · 1914
- Baie v. RookSupreme Court of Iowa · 1937
- Lyman v. HolmesSupreme Court of Vermont · 1915
- Johnson v. BeattieSupreme Court of Vermont · 1915