Davis v. Miller
Supreme Court of Vermont
Assumpsit, in which the “plaintiff declared that on the 14th day of October, 1815, being Sheriff of the county of Chittenden, and having in his hands a writ of attachment in favor of one Fitch against Elisha Sears of Williston, he duly attached on that writ, a certain horse, the property of Sears ; that on the day following he delivered said horse to the defendant, who promised to re-deliver the same to the plaintiff on request, or pay all damages, &c.
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Assumpsit, in which the “plaintiff declared that on the 14th day of October, 1815, being Sheriff of the county of Chittenden, and having in his hands a writ of attachment in favor of one Fitch against Elisha Sears of Williston, he duly attached on that writ, a certain horse, the property of Sears ; that on the day following he delivered said horse to the defendant, who promised to re-deliver the same to the plaintiff on request, or pay all damages, &c. The declaration then averred the return of the writ, the recovery of judgment by Fitch against Sears, the issuing of execution, and a…
1Opinion of the CourtRoyce, J.
The first and principal objection to the verdict in this case is, that the contract of the defendant was wholly between himself and Prime in his private right, and therefore could not be given in evidence to support the allegation of a contract with the plaintiff.— This objection assumes that the delivery of the property to the de-iendant, upon his undertaking to see it forthcoming on request, was not an official act. "And if by official acts, we are to understand such acts only as the Sheriff or his deputy is required or expressly' authorized by statute to perform, this proposition is…
2Cited by4 opinions
- Styers v. . Forsyth CountySupreme Court of North Carolina · 1937
- Spencer v. WilliamsSupreme Court of Vermont · 1828
- Flanagan v. HoytSupreme Court of Vermont · 1864
- Styers v. . Forsyth CountySupreme Court of North Carolina · 1937