Legal Opinion

Barney v. Rockwell

Supreme Court of Vermont

Decided January 15, 1888Published

TRESPASS and trover. Trial by jury, April Term, 1887, Ross, J., presiding. Verdict for the defendant. The return on the-writ stated that the officer attached the property February 9, 1885, and that on February 28,1885, he delivered a copy to the defendant. It appeared that the plaintiff in this suit sent his note by the defendant in the original suit, notifying Reynolds of the attachment of the machine in his possession.

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TRESPASS and trover. Trial by jury, April Term, 1887, Ross, J., presiding. Verdict for the defendant. The return on the-writ stated that the officer attached the property February 9, 1885, and that on February 28,1885, he delivered a copy to the defendant. It appeared that the plaintiff in this suit sent his note by the defendant in the original suit, notifying Reynolds of the attachment of the machine in his possession. The court charged the jury in part as follows : ‘ ‘ And from the evidence in this case Mr. Barney went there on the 11th, and went to the machine, and made an arrangement…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

This was an action of trespass and trover, brought, to recover for a horse-power and separator, which the plaintiff claimed to have attached on a writ which was put into his hand for service as constable of the town of Swanton. The writ was made returnable to the April Term, 1885, of the Franklin County Court, and was delivered to the plaintiff for service on the 9th of February, 1885 ; and the only question made was, whether the plaintiff made such an attachment of the property as gave him such a lien upon it as would enable him to…

2Cases cited2 opinions

  1. Newton v. AdamsSupreme Court of Vermont · 1832
  2. Dodge v. WaySupreme Court of Vermont · 1846

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