Jameson v. Mason
Supreme Court of Vermont
Scire hacías, upon a judgment, rendered by the county court, at their June term, 1838, in favor of the plaintiff against the defendants, in an action on a bond given by the defendants to the plaintiff, sheriff of Orleans county, conditioned that the said John W. Mason, who had been appointed by the plaintiff a deputy sheriff in and for said county of Orleans, should faithfully perform the duties of deputy sheriff, &c., and save the plaintiff harmless and indemnify him from…
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Scire hacías, upon a judgment, rendered by the county court, at their June term, 1838, in favor of the plaintiff against the defendants, in an action on a bond given by the defendants to the plaintiff, sheriff of Orleans county, conditioned that the said John W. Mason, who had been appointed by the plaintiff a deputy sheriff in and for said county of Orleans, should faithfully perform the duties of deputy sheriff, &c., and save the plaintiff harmless and indemnify him from all actions, damages,expenses, &c., accruing to the plaintiff by reason of any malfeasance, &c., of the said Mason in his…
1Opinion of the Court
The opinion of the court was delivered by
Collamer; J.
— As to third persons, the official acts of all deputy sheriffs are the acts of the sheriff, and the delivery of process to any deputy is a delivery to the sheriff. The creditor, in order to charge property in .execution, must deliver the execution within thirty days after judgment, to’the sheriff who attached the property; that is, he must deliver it to that.sheriff or any of his deputies, who by himself, or airy of his deputies, attached the property. If the execution be delivered to a constable or a different sheriff, then the property…
2Cited by3 opinions
- Nixon v. PhelpsSupreme Court of Vermont · 1857
- Blake v. KimballMassachusetts Supreme Judicial Court · 1870
- Stackpole v. HiltonMassachusetts Supreme Judicial Court · 1877