Dana v. Lull
Supreme Court of Vermont
Trespass on the Case against the defendant, as sheriff of Windsor County, for not keeping certain property, attached by one Moses Montague, a deputy of the defendant, on a writ in favor of the plaintiff’s intestate against Moulton & Hutchinson, and for not delivering the said property to the officer, to whom was delivered the execution obtained in said suit in which the attachment was made. Plea, the general issue, and trial by jury.
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Trespass on the Case against the defendant, as sheriff of Windsor County, for not keeping certain property, attached by one Moses Montague, a deputy of the defendant, on a writ in favor of the plaintiff’s intestate against Moulton & Hutchinson, and for not delivering the said property to the officer, to whom was delivered the execution obtained in said suit in which the attachment was made. Plea, the general issue, and trial by jury. On trial the plaintiff gave evidence tending to prove the material allegations in his declaration. The defendant insisted that the said property, specified in…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
It appears by the bill of exceptions, that, on the trial of this cause' in the county court, several questions were reserved, which it will not be necessary to consider, much less to decide. The property now in question belonged to Messrs. Moulton & Hutchinson, and, immediately before the service of the attachment by the defendant’s deputy, the property had been assigned by Moulton, one of the firm, for the payment of certain debts; and this action against the sheriff is grounded upon his neglect of duty, in not keeping the property…
2Cases cited6 opinions
- Harrison v. SterrySupreme Court of the United States · 1809
- Murray v. RiggsCourt for the Trial of Impeachments and Correction of Errors · 1818
- Wiswall v. HallNew York Court of Chancery · 1831
- Havens & Dorr v. HusseyNew York Court of Chancery · 1834
- Pearpoint v. GrahamU.S. Circuit Court for the District of Pennsylvania · 1818
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3Cited by13 opinions
- Coffin v. DouglassTexas Supreme Court · 1884
- Mussey v. NoyesSupreme Court of Vermont · 1854
- Stanley v. RobbinsSupreme Court of Vermont · 1863
- People v. . Mercantile Credit Guarantee Co.New York Court of Appeals · 1901
- Collier v. DavisSupreme Court of Arkansas · 1886
8 more not listed; retrieve them via the Exa API.