Johnson v. Beattie
Supreme Court of Vermont
Case against a sheriff for the default of his deputy. Plea, the general issue and the Statute of Limitations. Replication to the plea of the Statute of Limitations relying on the pendency of a prior attachment at the time of the deputy’s failure to return plaintiff’s writ. Heard on defendant’s demurrer to that replication, at the April Term, 1914, Essex County, Butter, J., presiding. Demurrer sustained and replication adjudged insufficient, to which plaintiff excepted.
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Case against a sheriff for the default of his deputy. Plea, the general issue and the Statute of Limitations. Replication to the plea of the Statute of Limitations relying on the pendency of a prior attachment at the time of the deputy’s failure to return plaintiff’s writ. Heard on defendant’s demurrer to that replication, at the April Term, 1914, Essex County, Butter, J., presiding. Demurrer sustained and replication adjudged insufficient, to which plaintiff excepted. Cause passed to the Supreme Court before trial on the merits. The opinion fully states the case.
1Opinion of the CourtTaylor, J.
This is an action on the case against the defendant as sheriff of Essex County for the default of one of his deputies in failing to make return of a writ of attachment sued, out by the plaintiff against one Norcross. As appears from the declaration the writ was an ordinary writ of attachment issued Jan. 2, 1909, and returnable to Essex county court within 21 days from the date thereof. The writ was delivered to defendant’s deputy for service on the day of issue and was served by him by attaching, as. the property of said Norcross, certain bank stock and all of said Norcross’ real estate in…
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