Legal Opinion

Cowdery v. Smith

Supreme Court of Vermont

Decided October 15, 1877PublishedCited by 3 opinions

Case against a sheriff for the neglect of his deputy to levy an execution. Plea, the general issue, and trial by the court, December Term, 1876, Caledonia County, Ross, J., presiding.

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Case against a sheriff for the neglect of his deputy to levy an execution. Plea, the general issue, and trial by the court, December Term, 1876, Caledonia County, Ross, J., presiding. The first count of the declaration alleged the issuing of a writ of attachment against A. A. Jerauld, the placing of the same in the hands of Charles E. Weeks, then deputy of the defendant,, who was sheriff of Caledonia County, the service of the same by attachment of four sewing machines and fifty hats as the property of said Jerauld, the procurement of judgment for $106 damages, and $5.14 costs, the issuing of…

1Opinion of the Court

The opinion of the court was delivered by

Dunton, J.

In cases like this it has always been held that it was competent for an officer to show what instructions he received from the complaining party or his attorney, as to serving a precept placed in his hands, and what he did in obedience to such instructions. Downer v. Bowen, 12 Vt. 452; Ordway v. Bacon, 14 Vt. 378; Abbott v. Edgerton, 30 Vt. 208. We, therefore, can see no valid objection to the testimony of Weeks. Although Weeks attempted to obtain an alias execution from the justice, but failed to do it in time to be of any avail to the…

2Cases cited3 opinions

  1. Ordway v. BaconSupreme Court of Vermont · 1842
  2. Abbott v. EdgertonSupreme Court of Vermont · 1858
  3. Downer v. BowenSupreme Court of Vermont · 1840

3Cited by3 opinions

  1. Doe v. ForrestSupreme Court of Vermont · 2004
  2. Doe v. ForrestSupreme Court of Vermont · 2004
  3. Hunt v. HillSupreme Court of Vermont · 1928

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