Tenney v. Harvey
Supreme Court of Vermont
Action for false imprisonment. Plea, the general issue with notice of special matter. Trial by jury at the June term, 1890, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendants except. The defendants sought to justify the arrest under a writ of possession which had issued as a capias against the plaintiff. The real estate of the plaintiff had been levied on and sold by the defendant Smith under an execution in favor of the town of Corinth.
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Action for false imprisonment. Plea, the general issue with notice of special matter. Trial by jury at the June term, 1890, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendants except. The defendants sought to justify the arrest under a writ of possession which had issued as a capias against the plaintiff. The real estate of the plaintiff had been levied on and sold by the defendant Smith under an execution in favor of the town of Corinth. The land had been bid off by the defendant Harvey for the town, and he had charge of the town’s interests in the matter. The land…
1Opinion of the Court
The opinion of the court was delivered by
START, J.
This is an action of trespass for false imprisonment. The defendants seek to justify the imprisonment under a writ of possession issued as a capias for the recovery of costs, and claims that the writ thus issued is authorized by Section 3 of No. 65, Acts of 1886. Defendant Smith was a deputy sheriff, and the writ was delivered to him, as such sheriff, to serve and return. The writ directed him to cause the town of Corinth to have possession of certain real estate that had been sold to it on a property execution in its favor and against the…
2Cases cited4 opinions
- Armstrong v. NobleSupreme Court of Vermont · 1883
- Boutelle v. Westchester Fire InsuranceSupreme Court of Vermont · 1878
- Tyler v. Frost & Co.Supreme Court of Vermont · 1876
- Munger v. VerderSupreme Court of Vermont · 1887
3Cited by18 opinions
- State v. BurpeeSupreme Court of Vermont · 1892
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Jenness v. SimpsonSupreme Court of Vermont · 1911
- State v. NoakesSupreme Court of Vermont · 1897
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
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