Bank of Newbury v. Baldwin
Supreme Court of Vermont
Case against the defendant, the sheriff of Orange County, for the neglect of his deputy, Nelson B. Stevens, in not serving and returning an execution in favor of the plaintiffs against one Witherspoon, and also in not levying the same upon Witherspoon’s real estate. The case was tried at the June Term, 1856, of the Orange County Court, — Poland, J., presiding, — upon an agreed statement of facts, which are sufficiently set forth in the opinion of the court.
Read the full summary
Case against the defendant, the sheriff of Orange County, for the neglect of his deputy, Nelson B. Stevens, in not serving and returning an execution in favor of the plaintiffs against one Witherspoon, and also in not levying the same upon Witherspoon’s real estate. The case was tried at the June Term, 1856, of the Orange County Court, — Poland, J., presiding, — upon an agreed statement of facts, which are sufficiently set forth in the opinion of the court. The county court rendered judgment in favor of the plaintiffs for nominal damages, to which the plaintiffs excepted.
1Opinion of the CourtPierpoint, J.
This is an action against the defendant, as sheriff of Orange County, for the neglect of his deputy in not *312serving and returning an execution in favor of the plaintiffs against one Witherspoon,.
The declaration charges neglect in not levying the execution on the real estate of the said Witherspoon; and also in not serving and returning it as required by law.
It appears from the case as made up, that when the deputy served the writ in the suit in which the judgment was obtained upon which the execution issued, he was directed by the plaintiffs to attach the personal and real estate of the…
2Cases cited2 opinions
- Kidder v. BarkerSupreme Court of Vermont · 1846
- Ives v. StrongSupreme Court of Vermont · 1847