Legal Opinion

Strong v. Bradley

Supreme Court of Vermont

Decided January 15, 1842PublishedCited by 8 opinions

This was an action on the case against the defendant, as sheriff of the county of Franklin, for not levying and collecting an execution in favor of the plaintiffs against one Joel Wilson, and for neglecting to make a return of non est inventus on the same, so as. to charge the bail on the original writ. The plea was the general issue, and trial by jury.

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This was an action on the case against the defendant, as sheriff of the county of Franklin, for not levying and collecting an execution in favor of the plaintiffs against one Joel Wilson, and for neglecting to make a return of non est inventus on the same, so as. to charge the bail on the original writ. The plea was the general issue, and trial by jury. It appeared,on the trial in the county court, that the execution came into the hands of the deputy of the defendant about the 11th of December, A. D. 1837, in a letter from the plaintiff’s attorney hereafter set forth, and within thirty days…

1Opinion of the Court

The opinion of the court was delivered by

Reideield, J.

1. We think the court erred in instructing the jury, that th.e letter, written by plaintiffs’ attorney to'the defendent’s deputy, was “ equivocal.” We think it did give the officer an unlimited discretion, in the management of the collection of the execution, adding, indeed the request that if it became necessary, in the opinion of the officer, “ to pursue any other course than the straight forward one,” they would wish to be informed ; and all this, when no discretion, whatever, was intrusted to the officer ! We cannot think this the fair…

2Cited by8 opinions

  1. Citizens' National Bank v. LoomisSupreme Court of Iowa · 1896
  2. Willard v. GoodrichSupreme Court of Vermont · 1859
  3. Dowlings, Inc. v. MayoSupreme Court of Vermont · 1979
  4. Fidelity & Deposit Co. v. McFaddenArizona Supreme Court · 1936
  5. Klopp v. WitmoyerSupreme Court of Pennsylvania · 1861

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