Fay v. Munson
Supreme Court of Vermont
Action on the ease against the defendant, for the neglect of his duty, as sheriff, in preserving and taking care of property which he had attached, so that it was not forthcoming at the proper time of levying the execution.
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Action on the ease against the defendant, for the neglect of his duty, as sheriff, in preserving and taking care of property which he had attached, so that it was not forthcoming at the proper time of levying the execution. The case was submitted to a referee, who reported the facts as follows: “ On the' 7th day of February, 1865, the plaintiff brought his suit by writ of attachment in common form, of that date, returnable to Chittenden county court at the April term, 1865, against Richmond Preston and Elijah D. Wilcox, declaring for damages one thousand dollars in an action of assumpsit;…
1Opinion of the Court
The opinion Of the court was delivered by
Wilson, J.
The only question in this case is, whether the defendant exercised due care in the custody and preservation of the hay to *473have it forthcoming to answer upon the execution. It appears from the report of the referee that the hay was attached by the defendant, as sheriff of this county, on a writ of attachment in favor of the plaintiff against Preston and Wilcox; that the property was at the depot in Williston, and that the attachment was made by leaving a copy in the town clerk’s office in that town. The report states that the defendant did not…
2Cited by2 opinions
- Willey v. LarawaySupreme Court of Vermont · 1892
- Claremont Gas Light Co. v. WoosterSupreme Court of New Hampshire · 1941