Montgomery v. Wilson
Supreme Court of Vermont
Trespass and Trover for thirteen yearling cattle. Pleas, the general issue, and justification under process. Trial by the court, June Term, 1874, Pecx, J., presiding.
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Trespass and Trover for thirteen yearling cattle. Pleas, the general issue, and justification under process. Trial by the court, June Term, 1874, Pecx, J., presiding. It appeared that on the 5th of September, 1870, the defendants, Wilson and Perrin, placed in the hands of J. Q. A. Bass, a deputy sheriff within and for the county of Orange, four lawful writs of attachment against said Montgomery, returnable before a justice of the peace; that said sheriff, with said writs in his possession, accompanied by said Wilson and Perrin, who were the attorneys for the plaintiffs in said writs (said…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
To the judgment for $40 damages, no exception was taken. This aspect of the case presented by the bill of exceptions, assumes that the taking of the cattle by the defendants at Rochester, was not, in legal effect, an attachment of them by the sheriff holding the .writs against Montgomery, but that such taking was wrongful as against Montgomery. This suit is brought in that view, and on the same-assumption. It follows then, that Montgomery’s relation of ownership of the property was not affected by what the defendants did; and the property…
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