Bank of Rutland v. Parsons
Supreme Court of Vermont
Trespass on the Case against the defendant, as sheriff of the county of Rutland, for not levying an execution in favor of the plaintiffs against Joel M. Rogers and Jonathan C. Dexter. Plea, the general issue, and trial by the court, September Term, 1847,— Hall, J., presiding.
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Trespass on the Case against the defendant, as sheriff of the county of Rutland, for not levying an execution in favor of the plaintiffs against Joel M. Rogers and Jonathan C. Dexter. Plea, the general issue, and trial by the court, September Term, 1847,— Hall, J., presiding. On trial the plaintiffs gave in evidence a writ in their favor against Rogers and Dexter, — the record of a judgment in their favor thereon, — the execution which issued thereon, for the 'neglect to serve which this suit was brought, — and the receipt of the defendant, as sheriff, for the execution. The plaintiffs also…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This is an action on the case against the defendant, as sheriff of the county of Rutland, to'recover damages for his neglect of official duty, in not collecting an execution against Rogers and Dexter. The defendant long before and at the time he received the execution, and long afterwards, was a stockholder in the Bank of Rutland. The statute enacts, that, in all cases, in which the sheriff is a party, in name, or as a member of a private corporation, the high bailiff may serve the writ; and it expressly enacts, that the sheriff shall not,…
2Cases cited2 opinions
- Nelson v. DenisonSupreme Court of Vermont · 1843
- Dolbear v. Town of HancockSupreme Court of Vermont · 1847
3Cited by2 opinions
- State ex rel. Carroll v. Corning State Savings BankSupreme Court of Iowa · 1907
- Clark & Freeman v. PattersonSupreme Court of Vermont · 1886