Davis v. Richmond
Supreme Court of Vermont
Case against the defendant for making a false return, as sheriff of Windsor county, upon a petition for foreclosure, placed in his hands for service. The facts of the case are sufficiently stated in the opinion of the court. The defendant pleaded the general issue, and the cause was tried hy the court, at the December Term, 1861, Barrett, J., presiding. The county court rendered judgment for the defendant, to which the plaintiff excepted.
1Opinion of the CourtPeck, J.
In this case, which is an action on the case against the defendant, as sheriff of Windsor county, for a false return of service of a process of foreclosure in chancery, in which the plaintiff in this suit was one of the defendants, the question is, first, whether, upon the facts stated in the exceptions, the return is in fact false, and if so, then secondly, whether it is false in a particular operating to the injury of the plaintiff in this action, and resulting in such damages to him as will sustain an action.
The bill of foreclosure was in favor of Edmund Weston, and returnable to the…
2Cited by3 opinions
- Wade v. Wade's Admr.Supreme Court of Vermont · 1908
- Taylor v. HelterMissouri Court of Appeals · 1918
- State ex rel. Kearney v. FinnMissouri Court of Appeals · 1882