Munger v. Fletcher
Supreme Court of Vermont
This was an action on the case, against the defendant, as sheriff of Windsor county, for neglect of his deputy to keep certain property attached on mesne process. The parties agreed to the fol-Ing statement of facts in the case, upon which the county court, rendered judgement in favor of the plaintiff. The defendant excepted to the decision, and the case was reserved for the opinion of the Supreme Court. “ On or about the 26th of June, 1828, James Brecle, William.
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This was an action on the case, against the defendant, as sheriff of Windsor county, for neglect of his deputy to keep certain property attached on mesne process. The parties agreed to the fol-Ing statement of facts in the case, upon which the county court, rendered judgement in favor of the plaintiff. The defendant excepted to the decision, and the case was reserved for the opinion of the Supreme Court. “ On or about the 26th of June, 1828, James Brecle, William. Brecle, John Tampan, Elijah Mixer, George B. XJpham, and William F. Munger, (the plaintiff in this action,) sued out writs of…
1Opinion of the CourtHutchinsoN, J.
delivered the opinion of the court. — If the plaintiff has sustained any injury, by the defendant’s neglect to preserve for him the property attached on his writ, he must recover for that injury. If it is certain that he sustained no injury,he is not entitled to recover.- The position assumed by the plaintiff is, that he obtained a lien upon the property, subject to the1 five prior attachments, and that no disposition of the property, in whole or in part by agreement of the other creditors and the debt- or, can affect his lien. This is so far correct, that we - must examine how the contract…
2Cited by6 opinions
- Brandon Iron Co. v. GleasonSupreme Court of Vermont · 1852
- Wilder v. WeatherheadSupreme Court of Vermont · 1860
- Burroughs v. WrightSupreme Court of Vermont · 1844
- Johnson v. BeattieSupreme Court of Vermont · 1915
- Chapman v. BellowsSuperior Court of New Hampshire · 1805
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