Middlebury, New Haven & Bristol v. Rood
Supreme Court of Vermont
This was an action against defendant, as sheriff, for not paying-over money collected on an execution. Trial by the court. The facts were, that a note of hand was given by one Case to the selectmen of the towns of Middlebury, New Haven and Bristol, which was prosecuted to final judgment in the name of the plaintiffs, by the direction of a special agent of the town of Bristol. No special agent was appointed by either of the other towns.
Read the full summary
This was an action against defendant, as sheriff, for not paying-over money collected on an execution. Trial by the court. The facts were, that a note of hand was given by one Case to the selectmen of the towns of Middlebury, New Haven and Bristol, which was prosecuted to final judgment in the name of the plaintiffs, by the direction of a special agent of the town of Bristol. No special agent was appointed by either of the other towns. An execution issued on the final judgment recovered at the last term of the supreme court in this county, for $137 67 damages, besides the cost, and was put…
1Opinion of the Court
The opinion of the court was delivered by
Mattocks, J.
The question in this case is, whether the selectmen had competent authority to receive the money and discharge the debt; and this involves in the first place the question, whether they have such a general power or authority by virtue of their office, and secondly whether they had it under the, circumstances of this particular case.
It is not known that there has been any particular decision that reaches the first branch of the question. In Angell vs. Pownal, 3 Vt. Rep. 61, it was decided that the selectmen could not, without a vote of the…
2Cited by6 opinions
- Town of New Haven v. WestonSupreme Court of Vermont · 1913
- Dix v. Town of DummerstonSupreme Court of Vermont · 1847
- Town of Cabot v. BrittSupreme Court of Vermont · 1863
- Phenix v. FramptonNevada Supreme Court · 1907
- H. P. Cornell Co. v. BarberSupreme Court of Rhode Island · 1910
1 more not listed; retrieve them via the Exa API.