Hine v. Pomeroy
Supreme Court of Vermont
Scire facias on the defendant’s recognizance as sureties for the faithful performance of the duties of sheriff of Chittenden county, by S. W. Taylor, late sheriff, alleging, as a breach of official duty on the part of Taylor, his neglect to keep certain goods, attached by him on the 3d February, 1851, on a writ of attachment in favor of the present plaintiff against one James Nichols.
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Scire facias on the defendant’s recognizance as sureties for the faithful performance of the duties of sheriff of Chittenden county, by S. W. Taylor, late sheriff, alleging, as a breach of official duty on the part of Taylor, his neglect to keep certain goods, attached by him on the 3d February, 1851, on a writ of attachment in favor of the present plaintiff against one James Nichols. Trial by jury, April Term, 1867, Pibrpoint, Ch. J., presiding, on the issues joined on the defendant’s first and second pleas which allege in substance that the property so attached was, on the day of the…
1Opinion of the Court
*106The opinion of the court was delivered by
Barrett, J.
Unless the evidence offered to show the practice among attorneys in Burlington tended to show that Chittenden gave such instructions in this case, it was not admissible either as sustaining the defence, or as corroborating Taylor, or as contradicting Chittenden as a witness. It is to be noticed that the practice proposed to be proved was not limited to the particular class of cases" like the present, nor was it proposed to be shown that the practice was uniform and general.
What was Chittenden’s practice in this respect was made the subject…
2Cited by1 opinion
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