Legal Opinion

Burchard, Wilson & Co. v. Town of Fair Haven

Supreme Court of Vermont

Decided January 15, 1875PublishedCited by 7 opinions

Case for negligence of defendant’s town clerk. Plea, the general issue, and trial by the court in both cases, March Term, 1874, WheeleR, J., presiding. It appeared that Burchard, Wilson The facts in Moreau’s case were substantially like those stated, except that he recovered judgment at the-March Term, 1873, for $549.37, damages and costs, and did not levy execution upon said laud.

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Case for negligence of defendant’s town clerk. Plea, the general issue, and trial by the court in both cases, March Term, 1874, WheeleR, J., presiding. It appeared that Burchard, Wilson The facts in Moreau’s case were substantially like those stated, except that he recovered judgment at the-March Term, 1873, for $549.37, damages and costs, and did not levy execution upon said laud. Upon these facts, the court rendered judgment for the plaintiffs in both cases for the amount of their judgments; to which the defendant excepted. When the service of that writ was completed as shown, it…

1Opinion of the Court

*331The opinion of the court was delivered by

Ross, J.

These cases present substantially the same question, and for that reason are considered together. The plaintiffs in each suit sued out a writ of attachment against one Wood, who owned real estate in the village of Fair Haven of sufficient value above the incumbrances to satisfy the judgments which were after-wards obtained by the plaintiffs in the suits. The writs were served by a deputy sheriff, who lodged for record with the clerk of the town, copies, with his return thereon properly made and attested, to attach Wood’s real estate, and who…

2Cases cited2 opinions

  1. Braley v. FrenchSupreme Court of Vermont · 1856
  2. Huntington v. CobleighSupreme Court of Vermont · 1833

3Cited by7 opinions

  1. Butchers' Ice & Supply Co. v. BascomSupreme Court of Connecticut · 1929
  2. Steam Stone Cutter Co. v. JonesUnited States Circuit Court · 1882
  3. Haner v. BruceSupreme Court of Vermont · 1985
  4. Hunn v. KoerberSupreme Court of Vermont · 1971
  5. Haner v. BruceSupreme Court of Vermont · 1985

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