Downer v. Bowen
Supreme Court of Vermont
This was an action on the case against the defendant, as sheriff of Windsor county, for the neglect of his deputy, David Bosworth, in not executing a writ of execution in favor of the plaintiff against one Cyril Pennock, for $21 damages and $3,66 costs, dated October 2, 1837. Plea, not guilty. Issue to the court.
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This was an action on the case against the defendant, as sheriff of Windsor county, for the neglect of his deputy, David Bosworth, in not executing a writ of execution in favor of the plaintiff against one Cyril Pennock, for $21 damages and $3,66 costs, dated October 2, 1837. Plea, not guilty. Issue to the court. On the trial in the county court, the plaintiff read, in evidence, a receipt, executed to Solomon Dower, signed by said Bosworth, dated Nov. 7, 1837, wherein the said Bosworth, as deputy sheriff, acknowledged that he had received the execution in question, and eighteen other…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
— At the time the deputy sheriff received the execution, he gave his receipt for it, and, in the receipt, he promises to collect and account for the execution according to law. We see no reason, notwithstanding the receipt, why the defendant may not give in evidence the subsisting agreement between the plaintiff and the deputy. This is an action against the sheriff for a neglect of duty. If the contract w,as still subsisting and was applicable to this execution, most clearly there was no neglect in the deputy in not committing the debtor,…
2Cited by3 opinions
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- Cowdery v. SmithSupreme Court of Vermont · 1877
- Kirkaldie v. PaigeSupreme Court of Vermont · 1845