Hine v. Pomeroy
Supreme Court of Vermont
This was an action of scire facias against the defendants on the bail of Savedra W. Taylor, former sheriff of Chittenden County, and was tried by the jury on the issue joined upon the replication to the defendants first and second pleas, September Term, 1866, PibrpoiNT, Ch. J., presiding.
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This was an action of scire facias against the defendants on the bail of Savedra W. Taylor, former sheriff of Chittenden County, and was tried by the jury on the issue joined upon the replication to the defendants first and second pleas, September Term, 1866, PibrpoiNT, Ch. J., presiding. The only controverted question submitted to the jury was, whether L. E. Chittenden, the attorney of the plaintiff in the suit Hiñe v. Nichols in said pleas referred to, did at the time of delivering to Taylor for service the writ in that cause, direct Taylor to take the receipt of Nichols and Daniel Macomber…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The question before the jury was whether, when the writ of the plaintiff v. Nichols was delivered to sheriff Taylor to be served, Chittenden, the plaintiff’s attorney, directed Taylor to take the receipt named in the exceptions, and not remove the property.
I. On that question the defendants took the burden and the affirmative, and went forward. They gave in evidence Taylor’s *219deposition, in which he testified directly and unequivocally that Chittenden did give such direction, and that he took the receipt in pursuance of it. Chittenden was…
2Cases cited1 opinion
- Pratt v. JonesSupreme Court of Vermont · 1853
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- State v. CornwellSupreme Court of New Hampshire · 1952
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