DOWLINGS, INC. v. MAYO

No. 115-79.

409 A.2d 588 (1979)

DOWLINGS, INC. v. Malcolm MAYO and Ronald Pierce.

Supreme Court of Vermont.

Motion for Reargument Denied November 20, 1979.


Attorney(s) appearing for the Case

Wolchik & Williams, Morrisville, for plaintiff.

Anthony B. Lamb of Paul, Frank & Collins, Inc., Burlington, for defendant Pierce.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


BILLINGS, Justice.

The plaintiff-appellee obtained a judgment in the District Court of Vermont, Unit No. 3, Franklin Circuit against Lee A. Delphia, d/b/a Lee's Restaurant, in the amount of $243.39. Plaintiff's attorney forwarded a writ of execution to the defendant Mayo who returned the execution unsatisfied. The attorney then sent an alias execution to the defendant-appellant Pierce with specific instructions as to levy. This execution was returned unsatisfied....

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