State v. Downer
Supreme Court of Vermont
This was an indictment against the respondents for resisting an officer in the execution of his office. Plea — -not guilty.
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This was an indictment against the respondents for resisting an officer in the execution of his office. Plea — -not guilty. The following is the bill of exceptions allowed in this case : On the trial of the issue, testimony was offered on the part of the government, tending to show that said Churchill, being constable of Stowe, as described in the indictment, and having in his hands certain writs of attachment in favor of certain creditors of one Myron Fuller, who had then lately absconded, against said Fuller. The processes were conceded to have been regular and legal. For the prosecution,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
We think the testimony offered by the defendants was properly rejected by the county court. It is well settled that one may defend the possession of his property against a stranger with such force as may be necessary. But this right cannot be extended to the case of an officer whose duty it is to attach property whenever he is requested so to do. He may or may not require indemnity for the act. But it would be too much to say that he must decide all cases of doubtful property at his own hazard, or that if he attempted to make an attachment…
2Cited by22 opinions
- State v. JohnsonWest Virginia Supreme Court · 1932
- State v. HookerSupreme Court of Vermont · 1845
- State v. SmithOregon Supreme Court · 1883
- State v. Van NessSupreme Court of Vermont · 1938
- State v. McGaheyNorth Dakota Supreme Court · 1904
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