Allen v. Carty
Supreme Court of Vermont
Assumpsit upon a receipt, executed by the defendants, for property attached by the plaintiff, as sheriff on mesne process. The val» ue of all the property specified as attached was stated in the receipt to be five Hundred dollars. Plea, the general issue, and trial by jury, March T. 1845, — Bennett, J„ presiding. On trial the plaintiff gave in evidence the receipt declared upon, and then offered one Ferris as a witness.
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Assumpsit upon a receipt, executed by the defendants, for property attached by the plaintiff, as sheriff on mesne process. The val» ue of all the property specified as attached was stated in the receipt to be five Hundred dollars. Plea, the general issue, and trial by jury, March T. 1845, — Bennett, J„ presiding. On trial the plaintiff gave in evidence the receipt declared upon, and then offered one Ferris as a witness. It appeared, that at the time final judgment was rendered in the suit in which the attachment was made, the plaintiff had ceased to he sheriff, and Ferris was a deputy under…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
Several objections are made to the verdict in this case.
It is urged in the first place, that the plaintiff was not entitled to recover, because the property was not demanded of the receiptors within thirty days from the time of rendering the judgment. Upon this point it is only necessary to say, that the liability of the receiptors, in this respect, depends upon the liability of the officer, to whom the receipt was given. If it turns out in this case, that the creditor’s remedy on the sheriff, for the property attached, had become fixed by a…
2Cases cited6 opinions
- Bridges v. PerrySupreme Court of Vermont · 1842
- Ordway v. BaconSupreme Court of Vermont · 1842
- Parsons v. StrongSupreme Court of Vermont · 1841
- Hutchinson v. ParkhurstSupreme Court of Vermont · 1826
- Denison v. HibbardSupreme Court of Vermont · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Main v. BellWisconsin Supreme Court · 1871
- Muzzy v. HowardSupreme Court of Vermont · 1869
- Ferris v. SmithSupreme Court of Vermont · 1851
- Stannard v. TillotsonSupreme Court of Vermont · 1914
- Cross v. BrownSupreme Court of New Hampshire · 1860
1 more not listed; retrieve them via the Exa API.