West v. Thompson

Decided April 15, 1854

Supreme Court of Vermont · decided 1854-04-15

Action on receipt maintainable in name of deputy sheriff. Trover for certain property attached by the defendant, as a deputy sheriff, upon a writ of attachment against the defendant Thompson for which both defendants gave their receipt. The attachment, receipt and a demand and refusal to redeliver were proved in the county court.

Cited by 1 later decisions — most recently July 1903

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Exceptions by the defendants · Decided 1854-04-15

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¶1The opinion of the court was delivered by

Bennett, J.

¶2¥e think the deputy sheriff, who attached the property, has such a special interest in it that he may well sue in trover or in assumpsit on his receipt. Though, for an official neglect in not keeping the property so that it might be taken in execution, the creditor’s remedy must be against the sheriff, yet the deputy would be personally liable to the sheriff and, upon the ground of his liablity over to the sheriff, he must have the legal right to protect his possession against any one who has not a superior right.

¶3He does not sue in his official capacity, but that, in connection with the proofs and proceedings under it, are matters of evidence to show a special property vested in the deputy sheriff as an individual and in his private right. This can hardly be regarded as an open question.

¶4Judgment of county court affirmed with costs.