Legal Opinion

Rowell v. Powell

Supreme Court of Vermont

Decided August 15, 1880PublishedCited by 3 opinions

This case was tried at the February Term, 1880, Redfield, J., presiding. Verdict for plaintiff. Action, trespass and trover. Plea, general issue, and notice that the defendant justified the taking as constable, on two writs, &c. The question was whether the colt attached was exempt.

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This case was tried at the February Term, 1880, Redfield, J., presiding. Verdict for plaintiff. Action, trespass and trover. Plea, general issue, and notice that the defendant justified the taking as constable, on two writs, &c. The question was whether the colt attached was exempt. Prior to, and at the time, of the taking of said colt, on the 2nd day of March, A. D. 1878, it had not been put constantly by the plaintiff to any work, but had been used and worked from time to time as he had opportunity. The plaintiff was then an unmarried man, owning no land, and making his home with his…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

As we understand that portion of the charge that was excepted to, the court instructed the jury (in substance) that they were to take into consideration what business the colt had been used for previous to the attachment, and what future use the plaintiff intended to put him to, at the time the' attachment was made, and if they should find that the plaintiff had then resolved to engage in the business of peddling as soon as the snow should go off, and had the bona fide intention of using the colt in that business, that he would be exempt from…

2Cases cited2 opinions

  1. Webster v. OrneSupreme Court of Vermont · 1872
  2. Sullivan v. DavisSupreme Court of Vermont · 1878

3Cited by3 opinions

  1. In Re Lewis George Parrotte & Ila Jean Parrotte, Debtors. Lewis George Parrotte, Ila Jean Parrotte v. Jan M. Sensenich, Trustee-AppelleeCourt of Appeals for the Second Circuit · 1994
  2. Steele v. LyfordSupreme Court of Vermont · 1886
  3. Hooper, Tr. in Bankruptcy v. KennedySupreme Court of Vermont · 1927

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