McCutcheon v. Leonard

This action is brought against the defendant as former Sheriff of Rutland County, under P. L. 3400, for the failure of his deputy to return an attached automobile, after dissolution of the attachment, to the plaintiff who is claimed to be the owner and entitled to the possession thereof. The case has been here before. See 112 Vt 172, 22 A 2d 186. We there held that it was error to grant the plaintiff’s motion for judgment upon the pleadings as they stood after the filing of the defendant’s answer, and the case was remanded. A subsequent trial by jury resulted in a verdict and judgment for the…