Legal Opinion

Town of Essex v. Prentiss

Supreme Court of Vermont

Decided January 15, 1834PublishedCited by 4 opinions

These were two cases brought before this court, in different ways, for the same ground of objection. The original writs were against the town of Essex, directed to the sheriff of Chittenden county or his deputy, to serve and return, and returnable before a justice of the peace. They were served by the deputy of sheriff Butler, the said Butler being a rateable inhabitant of said town of Essex.

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These were two cases brought before this court, in different ways, for the same ground of objection. The original writs were against the town of Essex, directed to the sheriff of Chittenden county or his deputy, to serve and return, and returnable before a justice of the peace. They were served by the deputy of sheriff Butler, the said Butler being a rateable inhabitant of said town of Essex. In the first above case, the town suffered default; and after execution issued, brought audita querela: and in the other case, the town pleaded abatement, which was specially demurred to. Judgment in the…

1Opinion of the Court

The opinion of the court was pronounced by

Collamer, J.

— The first inquiry is, had the sheriff legal power to serve these original writs ? This is a question arising on the construction of our statutes, and little aid can be derived from abroad. By the judiciary act, (p. 64,) writs, where the sheriff and constable are parties or interested, are to be directed to, and served by, the high bailiff or a disinterested constable therein named ; and it is insisted on the one side that the sheriff and constable were both parties or interested. Though not prepared to subscribe to those decisions in…

2Cases cited1 opinion

  1. Hart v. HuckinsMassachusetts Supreme Judicial Court · 1810

3Cited by4 opinions

  1. Huntley v. HenrySupreme Court of Vermont · 1864
  2. Culver v. BalchSupreme Court of Vermont · 1851
  3. Shaw v. BaldwinSupreme Court of Vermont · 1860
  4. Evarts v. Town of GeorgiaSupreme Court of Vermont · 1843

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