Hill v. Pratt
Supreme Court of Vermont
Action on the case against the defendant, as sheriff, for the default of his deputy in not attaching property. Plea, the general issue; trial by jury, November Term, 185G, — 'Peck, J., presiding.
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Action on the case against the defendant, as sheriff, for the default of his deputy in not attaching property. Plea, the general issue; trial by jury, November Term, 185G, — 'Peck, J., presiding. The plaintiff in November, 1851, prayed out a writ of attachment in his favor against the Rutland & Burlington Railroad Company, demanding in damages the sum of one hundred dollars, and commanding the officer to attach property to that amount, which writ was made returnable before a justice of the peace at Burlington in the county of Chittenden, oh the last Tuesday of December, 1851. The defendant…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The question as to the liability of the sheriff for the neglect of his deputy in not attaching property as directed in the writ, when no special instructions as to the manner of service were given, is to be determined by a construction of our statute, for no such proceeding is known at common law. The Comp. Stat. 97, secs. 4, 20, provides that the sheriff shall have power, and that it shall be his duty to serve and execute all lawful writs to him directed, according to the precept thereof and agreeably to their direction. It is also provided,…
2Cases cited3 opinions
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- Betts v. NorrisSupreme Judicial Court of Maine · 1839
3Cited by11 opinions
- Learned v. . TillotsonNew York Court of Appeals · 1884
- City of Chicago v. McKechneyIllinois Supreme Court · 1903
- Seevers v. Cleveland Coal Co.Supreme Court of Iowa · 1912
- Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
- Fenno v. WestonSupreme Court of Vermont · 1858
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