Rlodgett v. Town of Brattleboro
Supreme Court of Vermont
Case for the neglect of one Salisbury, the defendant’s constable, to serve a writ in favor of the plaintiff against one Hall. Plea, the general issue, and trial by jury. The writ issued against the body of Hall, an affidavit having been duly filed that he was about to leave the state, etc.
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Case for the neglect of one Salisbury, the defendant’s constable, to serve a writ in favor of the plaintiff against one Hall. Plea, the general issue, and trial by jury. The writ issued against the body of Hall, an affidavit having been duly filed that he was about to leave the state, etc. It appeared that the writ was received by Salisbury in December, 1854, with instructions to serve the same by attaching property, or arresting Hall; that he had ample opportunity to arrest Hall at Brattleboro, where he then resided. He did not, however, arrest him, but wrote the plaintiff that Hall assured…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
The only question of importance presented by the exceptions, is whether the defendant was entitled to claim, substantially, such instructions to the jury as he requested, upon the subject of the plaintiff’s failure to have his writ served upon Hall, after Salisbury, the constable, had failed to serve it, as instructed to do. The plaintiff insists, that even if the defendant was entitled to have such instructions as he claimed, yet, as no objection was made to the charge as given, it is to be assumed that the court did instruct the jury that…
2Cases cited4 opinions
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Kidder v. BarkerSupreme Court of Vermont · 1846
- Clark v. SmithSupreme Court of Connecticut · 1833
- Ives v. StrongSupreme Court of Vermont · 1847
3Cited by3 opinions
- Isenman v. BurnellSupreme Judicial Court of Maine · 1925
- Roberge v. Town of TroySupreme Court of Vermont · 1933
- Sheldon v. UphamSupreme Court of Rhode Island · 1884