Lyman v. Holmes
Supreme Court of Vermont
Case against a sheriff for the negligent acts and omissions of his deputy. Pleas, the general issue and the Statute of Limitations. Trial by the city court of the city of Burlington, G. S. Palmer, Judge. Judgment for the defendant to- recover his costs. The plaintiff excepted. The opinion states the case.
1Opinion of the CourtPowers, C. J.
I-f an officer seizes my property on a writ against some one else, he is a trespasser; and I can sue him in replevin, or trover, or trespass de bonis. Owings v. Frier, (Ky.) 12 Am. Dec. 393, and note; Stockwell v. Robinson, (Del.) 32 Atl. 528; Davis v. Stone, 117 Mass. 486; Com. v. Kennard, 25 Mass. 133. Such a seizure is wholly outside the mandate of the writ, and for this reason, the writ is no protection whatever to the officer; my'right of action’is complete, and I may bring my action without demand, and without delay. Boulware v. Craddock, 30 Cal. 190; Jewett v. Partridge, 12 Me. 243;…
2Cases cited18 opinions
- Dow v. SmithSupreme Court of Vermont · 1835
- Thayer v. BrackettMassachusetts Supreme Judicial Court · 1815
- Kiff v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1875
- Boulware v. CraddockCalifornia Supreme Court · 1866
- Flanagan v. HoytSupreme Court of Vermont · 1864
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Doe v. ForrestSupreme Court of Vermont · 2004
- Morrissey v. CarterSupreme Court of Oklahoma · 1924
- King v. BrownSupreme Court of Rhode Island · 1967
- Doe v. ForrestSupreme Court of Vermont · 2004
- Hale Mountain Fish and Game ClubVermont Superior Court · 2008
1 more not listed; retrieve them via the Exa API.