Horace Hall & Co. v. Brooks
Supreme Court of Vermont
This being an action on the case against the defendant as sheriff of the county of Essex, for neglecting and refusing to levy, serve, collect or return an executing, described in plaintiffs declaration, which is referred to, and judgment' having been rendered against the defendant by default, and the assessment of damages being to be made by the court by agreement of parties, the defendant offered evidence to show the situation and circumstances oí the debtor in the…
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This being an action on the case against the defendant as sheriff of the county of Essex, for neglecting and refusing to levy, serve, collect or return an executing, described in plaintiffs declaration, which is referred to, and judgment' having been rendered against the defendant by default, and the assessment of damages being to be made by the court by agreement of parties, the defendant offered evidence to show the situation and circumstances oí the debtor in the execution named in plaintiffs declaration, and that at the time of the execution issuing and being put into defendant’s hands,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
In this action, the county court gave judgment for the whole amount of debt and cost in the original execution, ■notwithstanding the defendant offered evidence to show that the debtor was, at the time of the neglect, wholly unable to respond the amount, or any part of it. If the testimony was relevant, then the judgment is erroneous.
At common law, no such action, as the present, could be sustained against an officer, the only remedy being the process of the rule of court and amercement for contempt. But the action is expressly recognized by…
2Cases cited1 opinion
- Turner v. LowrySupreme Court of Vermont · 1827
3Cited by7 opinions
- Lee v. DolanNorth Dakota Supreme Court · 1916
- Kidder v. BarkerSupreme Court of Vermont · 1846
- Roberge v. Town of TroySupreme Court of Vermont · 1933
- Hall v. RaySupreme Court of Vermont · 1868
- Johnson v. BeattieSupreme Court of Vermont · 1915
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