Wallace v. Berry
Supreme Court of Vermont
Case against a sheriff for the default of his deputy. Plea, the general issue, and trial by the court at the December Term, 1878, Redfield, J., presiding. The facts are stated in the opinion of the court. Judgment for defendant, and exceptions by plaintiff. Judgment should have been for the plaintiff. An attachment on claims, some of which are not due or are fraudulent, is void as to subsequent attaching creditors. Foster’s attachment was therefore void.
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Case against a sheriff for the default of his deputy. Plea, the general issue, and trial by the court at the December Term, 1878, Redfield, J., presiding. The facts are stated in the opinion of the court. Judgment for defendant, and exceptions by plaintiff. Judgment should have been for the plaintiff. An attachment on claims, some of which are not due or are fraudulent, is void as to subsequent attaching creditors. Foster’s attachment was therefore void. Fairfield v. Baldwin, 12 Pick. 358 ; Kendall v. Lawrence, 22 Pick. 540; Pierce v. Patridge, 3 Met. 44; Adams v. Paige, 7 Pick. 542 ; Harding…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This suit is brought against the defendant as late Sheriff of Orange County for the default, of Wm. T. George, his deputy, in not applying the proceeds of property which he had sold' as such deputy upon certain executions which' had been placed in his hands, upon an execution in favor of the plaintiff against one O. H. Watson. It is agreed that the property *605of Watson, which was attached by said George upon the writ in the suit in which the plaintiff obtained his judgment upon which his execution was issued against Watson, was, at the time…
2Cases cited6 opinions
- Porter v. GileSupreme Court of Vermont · 1874
- Nason v. BlaisdellSupreme Court of Vermont · 1840
- Barney v. GoffSupreme Court of Vermont · 1814
- Farr v. LaddSupreme Court of Vermont · 1864
- Harding v. HardingSupreme Court of Vermont · 1853
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