Legal Opinion

Town of Lowell v. Stannard

Supreme Court of Vermont

Decided October 10, 1916Published

Action on the case under P. S. 3445 to recover for the alleged default and neglect of the defendant Stannard, as constable of the town of Barton, in caring for certain property attached by him on a writ issued in favor of the plaintiff. Plea, the' general issue, with notice of special matter in defence. Trial by court, March Term, 1915, Orleans County, Stanton, J., presiding. Judgment for the plaintiff. The defendants excepted. The opinion states the ease.

1Opinion of the CourtTaylor, J.

The action is case to recover for the alleged neglect of defendant Stannard as constable of the town of Barton in caring for certain property attached by him on a writ in favor of the plaintiff. The suit is the sequel of Town of Lowell v. Stephenson, in which final judgment passed in the county court, and Stannard v. Tillotson et al., reported in 88 Vt. at page 1, 90 Atl. 950. It was tried by the court on an agreed statement of facts, except as to certain disputed questions which the court resolved on evidence. The history of the transactions from which the suit arises will be found in…

2Cases cited5 opinions

  1. White v. SchloerbSupreme Court of the United States · 1900
  2. Stoddard v. LockeSupreme Court of Vermont · 1871
  3. Gilbert v. CrandallSupreme Court of Vermont · 1861
  4. McDermott v. JaquithSupreme Court of Vermont · 1914
  5. Stannard v. TillotsonSupreme Court of Vermont · 1914

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