McGregor v. Town of Walden
Supreme Court of Vermont
Case, against the defendants for the neglect of their constable. The declaration was as follows ;— ‘ In a plea of the case for that whereas, one George Avery ‘ of Wolcott, in the county of Lamoille, by the considera4 tion of the county court, holden at Hydepark, within and 4 for the county of Lamoille, aforesaid, at the December 4 term of said court, A. D. 1838, recovered judgment in his 4 favor against one James Bell, of Walden, in the county of 4 Caledonia aforesaid, for…
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Case, against the defendants for the neglect of their constable. The declaration was as follows ;— ‘ In a plea of the case for that whereas, one George Avery ‘ of Wolcott, in the county of Lamoille, by the considera4 tion of the county court, holden at Hydepark, within and 4 for the county of Lamoille, aforesaid, at the December 4 term of said court, A. D. 1838, recovered judgment in his 4 favor against one James Bell, of Walden, in the county of 4 Caledonia aforesaid, for the sum of one hundred and seven-4 ty-nine dollars and eighty cents damages, and for the sum 4 of fifty-two dollars and-…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
In actions for torts the general rule is that such actions must be brought in the names of the persons whose legal rights have been affected, and who were legally interested in the property when the injury to it was committed. This rule is founded in good sense, and it might well be inquired, why should the suit be brought in the name of a person who is not to enjoy the benefit of it, and who has sustained no damage for which a reparation is demanded ? The declaration shows that the plaintiff was the assignee of the judgment against Bell;…
2Cases cited1 opinion
- Harrington v. WardMassachusetts Supreme Judicial Court · 1812
3Cited by2 opinions
- Bradley v. ChamberlainSupreme Court of Vermont · 1859
- Chase v. Town of PlymouthSupreme Court of Vermont · 1848