Hutchinson v. Lull
Supreme Court of Vermont
Trespass on the Case against the defendant, as sheriff of Windsor County, for the default of his deputy, Ephraim Ingraham, Jr., in not attaching certain property, which he was directed by the plaintiffs to attach, as the property of one John H. Leland, on a writ of attachment in their favor against said Leland. Plea, the general issue, and trial by jury.
Read the full summary
Trespass on the Case against the defendant, as sheriff of Windsor County, for the default of his deputy, Ephraim Ingraham, Jr., in not attaching certain property, which he was directed by the plaintiffs to attach, as the property of one John H. Leland, on a writ of attachment in their favor against said Leland. Plea, the general issue, and trial by jury. On trial the plaintiffs gave evidence tending to prove that the said Leland had, for some time previous to the time in question, had possession of certain stage property, using it as his own; that, while it was thus in his possession, the…
1Opinion of the Court
The opinion of the court was delivered by
Rovce, J.
The witness Ingraham was rendered competent, by the discharges produced at the trial. Ordway v. Bacon, 14 Vt. 378. And it is not perceived that any valid objection existed to the witness Leland. The officer saw fit to respeot the claim of this witness to the property, and declined to attach it as the property of John H. Leland. The witness was therefore as free from all legal interest in the present controversy, as if no such attachment had ever been thought of.
The remaining question is, whether the officer was under a legal obligation, upon…
2Cases cited1 opinion
- Ordway v. BaconSupreme Court of Vermont · 1842
3Cited by4 opinions
- Walworth v. Town of ReadsboroSupreme Court of Vermont · 1852
- Hutchinson v. PettesSupreme Court of Vermont · 1846
- McCutcheon v. LeonardSupreme Court of Vermont · 1941
- Jordan v. HendersonCourt of Appeals of Texas · 1905