Stanton v. Hodges
Supreme Court of Vermont
This was an action of trespass, to’ recover for four tons of hay, and twenty shocks of wheat. Plea, the general issue. On trial in the county court, the plaintiff read in evidence his return on a writ against the defendant, by which it appeared the plaintiff, as deputy sheriff, attached all the hay and grain in the defendant’s barn, and left copies with the defendant and the town clerk, agreeable to the statute of 1818. To which the defendant objected ; but the same was…
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This was an action of trespass, to’ recover for four tons of hay, and twenty shocks of wheat. Plea, the general issue. On trial in the county court, the plaintiff read in evidence his return on a writ against the defendant, by which it appeared the plaintiff, as deputy sheriff, attached all the hay and grain in the defendant’s barn, and left copies with the defendant and the town clerk, agreeable to the statute of 1818. To which the defendant objected ; but the same was admitted by the court. It was proved the defendant had two barns. In his new barn was both hay and wheat, and in.the other…
1Opinion of the Court
The opinion of the court was pronounced by
Collamek, J.
— This was an action of trespass for taking hay and grain, which the plaintiff, as deputy sheriff, attached on a writ against the defendant, and which the plaintiff did not remove, but left copies agreeably to the statute of 1818, which provides when hay or grain in the straw is attached, a copy is to be left in the town clerk’s office, which shall be as effectual to hold the property against subsequent sales or attachments, as actual removal and custody by the officer. It appears the defendant, after such attachment, took and used up the…
2Cases cited2 opinions
- Hathaway v. GoodrichSupreme Court of Vermont · 1833
- Lowry v. WalkerSupreme Court of Vermont · 1831
3Cited by1 opinion
- People v. LeeCalifornia Supreme Court · 1900