Dow v. Smith
Supreme Court of Vermont
This was an action of trespass for taking a two years old heifer. Plea, the general issue, with notice that the defendant, as deputy sheriff, received for collection an execution against the plaintiff in favor of one Fisher, and by virtue thereof took and sold this heifer, &c.
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This was an action of trespass for taking a two years old heifer. Plea, the general issue, with notice that the defendant, as deputy sheriff, received for collection an execution against the plaintiff in favor of one Fisher, and by virtue thereof took and sold this heifer, &c. On trial, after the plaintiff .had proved the taking by the defendant, the defendant offered in evidence the execution mentioned in the notice, with the defendant’s return thereon, showing the levy and sale. This return did not show, that before taking the heifer the officer had called at the debtor’s house for the…
1Opinion of the Court
The opinion of the court was delivered by
Collamee,, J.'
— It is urged that this execution was not admissible because the return was defective. This hardly raises the question which the parties have agitated, for the execution ought to have been admitted, even had there been no return upon it, and then the defendant might have been left to make out the remainder *520of bis defence by other testimony. It is no objection to a paper that it does not make an entire case or defence. But as the question must arise in the case, and has been argued and submitted, the court resolve, that part of the statute…
2Cases cited1 opinion
- Eastman v. CurtisSupreme Court of Vermont · 1832
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