Spencer v. Williams
Supreme Court of Vermont
This was an action an a receipt for property attached by the plaintiff, as deputy sheriff, on several writs of attachment. At the trial in the county court, the plaintiff having read the receipt and proved a demand of the property, the defendants contended that the action could not be maintained, but that it should have been brought in the name of the sheriff. The court overruled the objection.
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This was an action an a receipt for property attached by the plaintiff, as deputy sheriff, on several writs of attachment. At the trial in the county court, the plaintiff having read the receipt and proved a demand of the property, the defendants contended that the action could not be maintained, but that it should have been brought in the name of the sheriff. The court overruled the objection. The defendants then offered evidence to prove that no such property was attached by the plaintiff as was described in the receipt, and that no such property was ever in his possession, or delivered by…
1Opinion of the Court
Prentiss J.
pronounced the opinion of the Court. — The question, as to the right of the plaintiff to sue on the contract declared upon, ought properly, as the matter is apparent upon the record, to have been taken by a demurrer to the declaration, or, after verdict, by a motion in arrest of judgment; but as the question was raised and decided on the trial of the general issue, and has been made a ground of exception, it may be considered as regularly before us. The action is founded on a receipt, or memorandum in writing, executed by the defendants to the plaintiff, in which they acknowledge…
2Cases cited3 opinions
- Lyman v. LymanMassachusetts Supreme Judicial Court · 1814
- Bridge v. WymanMassachusetts Supreme Judicial Court · 1817
- Davis v. MillerSupreme Court of Vermont · 1826
3Cited by21 opinions
- Ellis v. EssonWisconsin Supreme Court · 1880
- Lisle v. AndersonSupreme Court of Oklahoma · 1916
- Louisville & Evansville Mail Co. v. Barnes' Admr.Court of Appeals of Kentucky · 1904
- Sloan v. HerrickSupreme Court of Vermont · 1877
- Burk v. WebbMichigan Supreme Court · 1875
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