Keeler v. Fassett
Supreme Court of Vermont
Trover for a writ of execution, which issued upon a judgment in favor of the plaintiff against one Scott. Plea, the general issue, and trial by the court, November Adjourned Term, 1848, — Roves, Ch. J., presiding. On trial the plaintiff gave in evidence the record of a judgment in her favor against Scott, for $62,34 damages, and $4,41 cost, and also the record of a suit by audita querela in favor of Scott against her, which resulted in a judgment in her favor.
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Trover for a writ of execution, which issued upon a judgment in favor of the plaintiff against one Scott. Plea, the general issue, and trial by the court, November Adjourned Term, 1848, — Roves, Ch. J., presiding. On trial the plaintiff gave in evidence the record of a judgment in her favor against Scott, for $62,34 damages, and $4,41 cost, and also the record of a suit by audita querela in favor of Scott against her, which resulted in a judgment in her favor. The plaintiff also proved, that, several months after the service of the writ of audita querela, the writ of execution, which issued…
1Opinion of the Court
*542The opinion of the court was delivered by
Royen, Ch. J.
It is laid down in the English books, on the authority of Jones v. Winckworth, Hardr. 111, that trover will not lie for a record, because it is not private property. The reason assigned for the rule indicates its proper limitation. In the first place, the denial of the action should doubtless be understood as extending to individual parties, who may suppose themselves interested in the preservation of the record, but not to a person having the official custody of it; for possession, accompanied with the responsibilities of such a person,…
2Cited by7 opinions
- Payne v. ElliotCalifornia Supreme Court · 1880
- Kansas City Casualty Co. v. Westport Avenue BankMissouri Court of Appeals · 1915
- Ferguson v. Phoenix Mutual Life InsuranceSupreme Court of Vermont · 1911
- Bombardier v. GoodrichSupreme Court of Vermont · 1920
- In Re MearsSupreme Court of Vermont · 1964
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