Brown v. Richmond
Supreme Court of Vermont
Evidence. Attachment. Effect of discharge of execution upon suit for not leeeping property attached, to he levied on. The nature of the action, and the questions presented and decided, ■sufficiently appear in the opinion of the court, which is the only paper, in the case, in the possession of the reporter; the others having been either mislaid or lost.
1Opinion of the Court
By the court,
Redfield, Ch. J.
This is an action against the 'defendant, as sheriff of Windsor county, for not keeping property, attached on mesne process, so that execution could be levied upon It. Two questions were made in the court below.
I. In regard to proving the attachment, by oral evidence upon the stand. There is a case in Aiken’s reports, State v. Daggett, 2 Aik. 148, where an attachment of property, the writ never having been returned, or not showing the attachment, was allowed to be shown, by the testimony of witnesses, in a criminal prosecution for resisting the officer in making…
2Cases cited1 opinion
- State v. DaggettSupreme Court of Vermont · 1826
3Cited by1 opinion
- DeYampert v. JohnsonSupreme Court of Arkansas · 1891