Legal Opinion

Goodrich v. Chappell

Supreme Court of Vermont

Decided May 6, 1916PublishedCited by 1 opinion

Trepass and trover against A. B. Chappell (who was the plaintiff in an action brought before a justice of the peace, writ dated September 28, 1914, against the plaintiff herein) and P. H. Phaneuf, a deputy sheriff who served the writ in the case before the justice of the peace. The defendants severally pleaded the general issue with notice. Trial by court at the September Term, 1915, Franklin County, Butler, J., presiding. Judgment for the defendants. The plaintiff excepted.

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Trepass and trover against A. B. Chappell (who was the plaintiff in an action brought before a justice of the peace, writ dated September 28, 1914, against the plaintiff herein) and P. H. Phaneuf, a deputy sheriff who served the writ in the case before the justice of the peace. The defendants severally pleaded the general issue with notice. Trial by court at the September Term, 1915, Franklin County, Butler, J., presiding. Judgment for the defendants. The plaintiff excepted. On November 5, 1914, judgment was rendered in the case in the justice court and, on appeal therefrom, the case came to…

1Opinion of the CourtWatson, J.

It is contended by the plaintiff that there were such irregularities connected with the sale of the property on the writ by defendant Phaneuf as rendered the sale void. Section 1789 of the Public Statutes provides that personal property attached on mesne process, may be sold or disposed of, after the process has been entered in court and before final judgment, upon the same requests, and in the same manner as provided for the sale or disposal of property so attached, before the process is entered in court. To the extent, therefore, of the requests upon which the officer must act, and his…

2Cases cited12 opinions

  1. Irish v. CloyesSupreme Court of Vermont · 1836
  2. Olin v. MartellSupreme Court of Vermont · 1910
  3. Thorp v. RobbinsSupreme Court of Vermont · 1895
  4. Clark v. SmithSupreme Court of Vermont · 1880
  5. Sanborn v. MorrillSupreme Court of Vermont · 1843

7 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Bean v. ColtonSupreme Court of Vermont · 1925

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