Rider v. Sheldon
Supreme Court of Vermont
Assumpsit upon, an officer’s receipt. Trial by court, December term 1883, Powers, J., presiding. Judgment for the plaintiff.- The facts are sufficiently stated in the opinion. The plaintiff is under no liabilty to Knapp ; for Knapp by his acts of interference has released him and the receiptors. The obligation of the receiptors was to show what would excuse the officer.
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Assumpsit upon, an officer’s receipt. Trial by court, December term 1883, Powers, J., presiding. Judgment for the plaintiff.- The facts are sufficiently stated in the opinion. The plaintiff is under no liabilty to Knapp ; for Knapp by his acts of interference has released him and the receiptors. The obligation of the receiptors was to show what would excuse the officer. Keixbteld J., in Adams v. Fox, 17 Yt. 361; Roberts v. Carpenter, 53 Yt. 678; K. L., s. 876 ; FelJeer v. Emerson, 17 Yt. 101; Rood v. Scott, 5 Yt. 263 ; Beach v. Abbott, 4 Yt. 605 ; Mason v. Whipple, 32 Yt. 554. Motion in…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
This suit is upon an officer’s receipt, given by the defendants to the plaintiff for property which he, as deputy sheriff, had attached on a writ in favor of Knapp against Smith and Fuller. All the intermediate steps, as to judgment, execution, demand, and return of execution, followed.
One ground of defence is that Knapp had, subsequently to the receipt, brought another suit in his own name against the *461same defendants, causing the same property to be attached, in which suit judgment had been rendered and execution issued and levied thereon…
2Cases cited6 opinions
- Soule v. AustinSupreme Court of Vermont · 1863
- Bliss v. Arnold, Leggitt & LaphamSupreme Court of Vermont · 1836
- Rood v. ScottSupreme Court of Vermont · 1833
- Beach v. AbbottSupreme Court of Vermont · 1832
- Gilbert v. CrandallSupreme Court of Vermont · 1861
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