Wright v. Marvin
Supreme Court of Vermont
Teovek for a certain mare. Trial by jury, April Term, 1886, Rovce, Ch. J., presiding. Judgment on a special verdict for the defendant. The case appears in the opinion. This is not a new question. It has been repeatedly held that if an officer would justify under returnable process he must show its return, else he is a trespasser ab initio. Freeman v. Bleioitt, 1 Salk- 409; Middleton v. Price, Stra. 1184; 1 WIls. 17 ; Bac.
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Teovek for a certain mare. Trial by jury, April Term, 1886, Rovce, Ch. J., presiding. Judgment on a special verdict for the defendant. The case appears in the opinion. This is not a new question. It has been repeatedly held that if an officer would justify under returnable process he must show its return, else he is a trespasser ab initio. Freeman v. Bleioitt, 1 Salk- 409; Middleton v. Price, Stra. 1184; 1 WIls. 17 ; Bac. Ab. 450, 451; Wilder v. Holden, 24 Pick.' 8; Williams v. Babbitt, 14 Gray, 141; Buss v. Butterfield, 6 Cush. 242;- Munroe v. Merrill, 6 Gray, 238; Briggs v. Moran, 31 Yt.…
1Opinion of the Court
' The opinion of the court was delivered by
Powers, J.
The defendant, as deputy sheriff, seized the plaintiff’s mare by virtue of a writ of replevin in favor of Pease and Arsino. He took a proper bond, delivered the mare to Pease & Arsino, and returned the writ and bond to the attorney of the plaintiff in the replevin. Neither writ nor bond was returned to the court to which the process was made returnable, but the proceedings came to an end without any settlement between the parties, or any consent thereto by the now plaintiff.
In answer to the present action the defendant attempts to justify…
2Cases cited3 opinions
- Collamer v. PageSupreme Court of Vermont · 1862
- Briggs v. MasonSupreme Court of Vermont · 1859
- Ellis v. ClevelandSupreme Court of Vermont · 1882
3Cited by6 opinions
- McKinstry v. CollinsSupreme Court of Vermont · 1904
- Moore v. DukeSupreme Court of Vermont · 1911
- Anderson v. CowlesSupreme Court of Connecticut · 1899
- Clark v. TiltonSupreme Court of New Hampshire · 1907
- Smith v. BrysonCourt of Appeals of Texas · 1930
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