Adams v. Lane
Supreme Court of Vermont
Trustee Process. The question was as to the liability of the trustee. The trustee’s disclosure and the facts in the case are sufficiently stated in the opinion of the court. At the April Term, 1864, the court, Barrett J. presiding, rendered judgment, pro forma, that the trustee be discharged with costs, — to which the defendant excepted. "We claim that the attachment of Tute Brackett & Co., was invalid and void. 1st. As to the goods.
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Trustee Process. The question was as to the liability of the trustee. The trustee’s disclosure and the facts in the case are sufficiently stated in the opinion of the court. At the April Term, 1864, the court, Barrett J. presiding, rendered judgment, pro forma, that the trustee be discharged with costs, — to which the defendant excepted. "We claim that the attachment of Tute Brackett & Co., was invalid and void. 1st. As to the goods. The provision of the statute is unmistakable. Comp. Stat. ch. 31, § 28. A valid attachment cannot exist without custody or possession, either by the officer or…
1Opinion of the CourtKellogg, J.
The facts upon which the question as to the liability of Herrick as trustee in this case arises are in substance as follows: On the 1st of December, 1862, Herrick, as an indifferent person duly authorized, attached on a writ in his hands in favor of the plaintiffs against the principal defendant, returnable to the Windham county court, at the April Term, 1863, all the goods in a store at Marlborough, then occupied by the principal defendant, and, by the consent in writing of the parties in that writ, he sold at auction o'n the 20th of January, 1863, and at private sale after the making of the…
2Cases cited10 opinions
- Marsteller v. FawU.S. Circuit Court for the District of District of Columbia · 1803
- Turner v. AustinMassachusetts Supreme Judicial Court · 1819
- Hurlburt v. HicksSupreme Court of Vermont · 1845
- W. R. Lovejoy & Co. v. LeeSupreme Court of Vermont · 1862
- Lyon v. RoodSupreme Court of Vermont · 1840
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3Cited by2 opinions
- State ex rel. Kansas City National Bank v. BootheSupreme Court of Missouri · 1878
- Clarke v. ShawUnited States Circuit Court · 1886