Sprague v. Clark
Supreme Court of Vermont
Replevin for one pair three years old steers, one pair brown, oxen, one pair yellow oxen, one pair red stags, one pair red oxen, one pair red and white bulls, one red and white cow, two red cows, one bay mare, one gray three years old colt, and one bay three years old colt. Plea, the general issue. Trial by jury, April term, 1867, Barrett, J., presiding.
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Replevin for one pair three years old steers, one pair brown, oxen, one pair yellow oxen, one pair red stags, one pair red oxen, one pair red and white bulls, one red and white cow, two red cows, one bay mare, one gray three years old colt, and one bay three years old colt. Plea, the general issue. Trial by jury, April term, 1867, Barrett, J., presiding. The plaintiffs were duly appointed administrators August 8, 1865. Bond died August 5,1865. The plaintiffs testified that none of said property, except the bulls, was in the possession of Bond when he died; that they found among Bond’s papers…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, C. J.
The only question involved is whether the county court were right in holding that the plaintiffs - had shown no such right to the property in question, as was necessary to enable them to maintain this action of replevin.
This question, we think, must be determined by the construction of our statute. The statute is that, when any goo.ds, etc., shall be unlawfully taken, or unlawfully detained, from the owner’ or the person entitled to the possession thereof, or, when attached-on mesne process, or taken in execution, are claimed by any…
2Cases cited1 opinion
- Bell's v. St. Johnsbury & Lake Champlain RailroadSupreme Court of Vermont · 1911
3Cited by14 opinions
- James Smith Woolen Machine Co. v. HoldenSupreme Court of Vermont · 1901
- Reynolds v. Dexter Horton & Co.Washington Supreme Court · 1891
- Chaffee v. HarringtonSupreme Court of Vermont · 1888
- Cushing v. MillerSupreme Court of New Hampshire · 1883
- Lewis v. BirdseyOregon Supreme Court · 1890
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