Legal Opinion

Clark & Freeman v. Patterson

Supreme Court of Vermont

Decided May 15, 1886Published

Case against the defendant as sheriff. 'Trial by court, September Term, 1885, Ross, J., presiding. Judgment for the plaintiffs to recover the sum of $192.20. The case appears in the opinion. The right to complete the service of the writ existed by common law. In the passage of R. L. ss. 860-61, the legislature simply intended to modify a right that then existed at common law.

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Case against the defendant as sheriff. 'Trial by court, September Term, 1885, Ross, J., presiding. Judgment for the plaintiffs to recover the sum of $192.20. The case appears in the opinion. The right to complete the service of the writ existed by common law. In the passage of R. L. ss. 860-61, the legislature simply intended to modify a right that then existed at common law. Before the passage of that law, a sheriff, having commenced the service of a process before the expiration of his term of office, could complete it afterwards; After the passage of those sections, the sheriff could not…

1Opinion of the Court

The opinion of the court was delivered by

Walker, J.

This is an action on the case against the defendant, sheriff of Orleans County, for the default of his deputy, George W. Jenness, to serve and return an execution in favor of the plaintiffs against L. E. Eaton, which was issued upon a judgment for $192.66, obtained by them against Eaton, before a justice on the 21st day of April, 1884, on a writ sued out by them on the 12th day of April and served by Jenness, as deputy sheriff, by attaching certain sewing machines, then in his custody, subject to two former attachments made by him, as such…

2Cases cited5 opinions

  1. Sumner v. ShermanSupreme Court of Vermont · 1841
  2. Kelly v. ParisSupreme Court of Vermont · 1838
  3. Bank of Rutland v. ParsonsSupreme Court of Vermont · 1849
  4. Swetland v. StevensSupreme Court of Vermont · 1834
  5. Pepper v. StoneSupreme Court of Vermont · 1838

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