Webster v. Orne
Supreme Court of Vermont
Trover for a horse of the value of $60. Plea, the general issue, and trial by jury, June term, 1868, Peck, J., presiding. The horse in question was attached by the defendant as constable of Westmore, on the 29th day of' October, 1867, on a writ in favor of one Ashley Bishop against one William Gilfillan.
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Trover for a horse of the value of $60. Plea, the general issue, and trial by jury, June term, 1868, Peck, J., presiding. The horse in question was attached by the defendant as constable of Westmore, on the 29th day of' October, 1867, on a writ in favor of one Ashley Bishop against one William Gilfillan. On the 81st day of the same month, and while the horse was in the possession of the defendant by virtue of said attachment, Gilfillan sold the same to the plaintiff, and on the same day the plaintiff demanded the horse of the defendant, who refused to deliver it. The question was whether the…
1Opinion of the Court
*42The opinion of the court was delivered by
Wilson, J.
This is an action of trover for a horse which was, on the 29th of October, 1867, attached by the defendant as the property of William Gilfillan, and the only question in the case is, whether the horse was, at that time, exempt from attachment under the provisions of the statute of 1866. The statute exemption of two horses, in lieu of oxen or steers, applies to the two horses kept and used for team work. The evidence detailed in the bill of exceptions and therein referred to, tends to show that the horse in question was kept and used for the…
2Cases cited3 opinions
- Dow v. SmithSupreme Court of Vermont · 1835
- Freeman v. CarpenterSupreme Court of Vermont · 1838
- Mundell v. HammondSupreme Court of Vermont · 1868
3Cited by9 opinions
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- Barber v. RorabeckMichigan Supreme Court · 1877
- In Re ChristieUnited States Bankruptcy Court, D. Vermont · 1992
- Licursi v. SweeneySupreme Court of Vermont · 1991
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