State v. Miller
Supreme Court of Vermont
Indictment for hindering and impeding Lewis Merritt, a deputy sheriff, in the service of a writ of attachment. The indictment alleged the writ to have been issued against one Elisha Clark, in favor of one Newton Whittelsey, and that the officer had attached thereon, “ one hundred and fifty stooks of com then and there cut up and stooked in the field, then owned by one Calvin Allen, and the said Lewis Merritt, deputy sheriff, as aforesaid, on the same day last aforesaid, was…
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Indictment for hindering and impeding Lewis Merritt, a deputy sheriff, in the service of a writ of attachment. The indictment alleged the writ to have been issued against one Elisha Clark, in favor of one Newton Whittelsey, and that the officer had attached thereon, “ one hundred and fifty stooks of com then and there cut up and stooked in the field, then owned by one Calvin Allen, and the said Lewis Merritt, deputy sheriff, as aforesaid, on the same day last aforesaid, was in the field aforesaid, with the said writ, in the possession of the said stooks of corn, so by him at- tached as…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch, J.
— It is to be taken, that the evidence offered, if admitted, would have proved the facts therein stated. It is also to be considered that, under the charge of the court, whatever facts were there adverted to as constituting no justification, were in evidence. From these it may be assumed, that Merritt, the deputy sheriff, had a writ of attachment, by which he was commanded to take the property of one Elisha Clark ; and by virtue of the attachment, and by direction of the creditor thereon, he did not attach the property of Clark, but did…
2Cited by6 opinions
- Sanborn v. KittredgeSupreme Court of Vermont · 1847
- State v. BuckSupreme Court of Vermont · 1981
- State v. RichardsonSupreme Court of New Hampshire · 1859
- Faris v. StateOhio Supreme Court · 1854
- People v. HallNew York Supreme Court · 1883
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