Legal Opinion

Wilder v. Stafford

Supreme Court of Vermont

Decided February 15, 1858PublishedCited by 5 opinions

Replevin for a cow. The defendants, afier the suit had been in court three ter,ms, moved to dismiss the action because the writ did not require the officer, who served the same, to take, and the officer did not take a bond with more than one surety, and because the bond was not conditioned for the return of the cow. The court overruled this motion to dismiss, to which the defendants excepted.

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Replevin for a cow. The defendants, afier the suit had been in court three ter,ms, moved to dismiss the action because the writ did not require the officer, who served the same, to take, and the officer did not take a bond with more than one surety, and because the bond was not conditioned for the return of the cow. The court overruled this motion to dismiss, to which the defendants excepted. It appeared on trial that the cow in question was sold conditionally, to one Wheeler, by one Cushman, in the fall of 1855, for twenty-five dollars, at which time Wheeler paid Cushman ten dollars, with an…

1Opinion of the Court

The opinion of the court was delivered by

Redeield, Ch. J.

The objections to the writ and bond, being strictly of the nature of a dilatory plea, whether in the form of a plea, or by motion to dismiss, must be made at the earliest opportunity, or they are out of time. Wheelock v. Sears, 19 Vt. 559.

If the party making such a motion desires to maintain it out of the ordinary time for such pleas, upon the ground of the rules of the court where made, or the suspension of these rules, there should be something in the record to show that fact. We can not, upon exceptions, and especially against the…

2Cases cited1 opinion

  1. Wheelock v. SearsSupreme Court of Vermont · 1847

3Cited by5 opinions

  1. Leavitt v. JonesSupreme Court of Vermont · 1882
  2. Shapiro v. ReedSupreme Court of Vermont · 1924
  3. Murphy v. PuntSupreme Court of Vermont · 1935
  4. Tittemore v. LabountySupreme Court of Vermont · 1888
  5. Burns v. First National BankSupreme Court of Vermont · 1873

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