McKOrmsby v. Morris
Supreme Court of Vermont
Action on the case against the defendant as constable of the town of Bradford, for not keeping and delivering certain property attached by him on a writ in favor of the plaintiff against one Lewis Gilman. Plea, the general issue; trial by jury, June Term, 1856,— Poland, J., presiding.
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Action on the case against the defendant as constable of the town of Bradford, for not keeping and delivering certain property attached by him on a writ in favor of the plaintiff against one Lewis Gilman. Plea, the general issue; trial by jury, June Term, 1856,— Poland, J., presiding. The plaintiff introduced in evidence the files and a copy of the record of the judgment in the suit McKOrmsby v. Gilman, from which it appeared that on the original writ the defendant, as constable, attached, as the property of said Gilman, twenty tons of hay and a yoke of oxen. It was conceded that the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. By the decision of this court in Bridges v. Perry, 14 Vt. 262, an officer who attaches property on mesne process is, prima faeief liable if he do not produce it on demand, so that it may be levied upon in satisfaction of the execution when obtained. The rule is the same in regard to property attached by leaving a copy in the town clerk’s office. This mode of attachment is intended for the ease of the sheriff, and to enable him to secure the control of the property without the necessity of removing it. It does not excuse him from the…
2Cases cited2 opinions
- Buck v. PickwellSupreme Court of Vermont · 1854
- Bridges v. PerrySupreme Court of Vermont · 1842
3Cited by2 opinions
- Willey v. LarawaySupreme Court of Vermont · 1892
- Claremont Gas Light Co. v. WoosterSupreme Court of New Hampshire · 1941