Legal Opinion

Bank of Whitehall v. Pettes

Supreme Court of Vermont

Decided February 15, 1841PublishedCited by 6 opinions

Trespass on the case, against the defendant, as sheriff of Windsor county, for the negleet of his deputy in not executing a writ of execution.

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Trespass on the case, against the defendant, as sheriff of Windsor county, for the negleet of his deputy in not executing a writ of execution. The plaintiffs, in their declaration, alleged, in substance, that at the session of the county court, held at Manchester, within and for the county of Bennington, on the first T-ues-day of June, A. D. 1839, by the consideration of said court, they recovered a judgment in their favor against Silas Briggs of said Manchester, Stephen Cummings, Addison Streeter, and Edward Manning, of Ludlow, in the county of Windsor, for $555 damages, and $19.58, costs;…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

This case comes before the court upon a demurrer to the declaration. The only question presented in argument is, whether the officer was bound to have executed such a process as is set forth in the declaration. If the execution was- void, upon its face, the officer could not justify a commitment of the debtors under it, and ought not to have *400executed it. The declaration sets forth the judgment as rendered at the June term of the Bennington county court,1839, and avers, that the execution was issued on the 13th of June, 1839, and, by mistake,…

2Cases cited1 opinion

  1. Young v. HosmerMassachusetts Supreme Judicial Court · 1814

3Cited by6 opinions

  1. Cooley v. BraytonSupreme Court of Iowa · 1864
  2. Dewey v. PeelerMassachusetts Supreme Judicial Court · 1894
  3. Stoddard v. TarbellSupreme Court of Vermont · 1848
  4. Currier v. BartlettMassachusetts Supreme Judicial Court · 1877
  5. Brazill v. GreenMassachusetts Supreme Judicial Court · 1922

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