1 Tyl. 12
Decided June 15, 1800
Supreme Court of Vermont · decided 1800-06-15
PLAINTIFF complains, that by the consideration of the County Court of Chittenden County, he recovered judgment against Abel Phelps for the sum of 61. 2s. lawful money, and prayed out his writ of execution in due form of law made returnable in sixty days from the date, and committed the same execution to the defendant, in his capacity of sheriff, to serve and return agreeably to law, but that said Pearl; contriving to injure, &c. neglected to return said execution, whereby,…
Decided 1800-06-15
¶1An officer has a right to off-set one execution against another between the same parties both in his hands at the same time. The plaintiff has allegated no cause of action in his second count, and the same is insufficient.
¶2*14By agreement of parties entered on the record, judgment on the demurrer to control the general issue.
¶3Plaintiff nonsuited.'