Jameson v. Paddock
Supreme Court of Vermont
Assumpsit, by the plaintiff, as late sheriff of Orleans county, against the defendants upon their written receipt for a quantity of sole leather. The facts, as alleged in the declaration, were as follows.
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Assumpsit, by the plaintiff, as late sheriff of Orleans county, against the defendants upon their written receipt for a quantity of sole leather. The facts, as alleged in the declaration, were as follows. On the 29th of July, 1836, Jonathan P. Blaisdell, a deputy of the plaintiff, attached the leather in question on a writ in favor of John Dean against Jonathan Houghton, and the defendants received the property from said Blaisdell and executed their receipt therefor, in which they promised to re-deliver said leather on demand. The writ was returnable before a justice of the peace, and a…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The objection to the declaration, relied on in the argument, is that the execution therein described was irregular in not being made returnable in one hundred and twenty days. The statute of 1821. in .amendment of the justice act, provided that whenever an execution issued in pursuance of the provisions of that act, for a larger sum than fifty-three dollars, it should be made returnable within one hundred and twenty days. The same statute provided that the debtor, who had appealed from a judgment rendered by a justice of the peace,…
2Cited by4 opinions
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