Bramble v. Town of Poultney
Supreme Court of Vermont
This was an action of the case against the defendants, for the neglect of Harlow Harford, as constable of Poultney for not collecting an execution in favor of the plaintiff against one Allen Belding.
Read the full summary
This was an action of the case against the defendants, for the neglect of Harlow Harford, as constable of Poultney for not collecting an execution in favor of the plaintiff against one Allen Belding. The plaintiff offered in evidence, as being conclusive upon the defendants, the records of a judgment of Windsor county court, in favor of the plaintiff against said Harford, as such constable, for neglecting to collect the execution aforesaid, it being admitted that said Harford was constable of said Poultney at the time he received said execution, without offering to connect therewith proof of…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The question presented in this case is, whether the record of the judgment, read in evidence in the county court, was conclusive, as decided by that court. The remedy, given by statute against a town, for the neglect of a constable, and the remedy against a constable, are independent. In order to lay the foundation for an action against the town, it is not necessary first to sue and recover-judgment against the constable. This was decided in the case of Allen v. Town of Huntington, Chittenden County, 1836 (not reported.) And, in this…
2Cited by3 opinions
- Fletcher v. JacksonSupreme Court of Vermont · 1851
- Ballantine & Sons v. FennSupreme Court of Vermont · 1911
- Roberge v. Town of TroySupreme Court of Vermont · 1933