Felker v. Emerson
Supreme Court of Vermont
Trover, for a quantity of hay, &c. Plea, the general issue, and trial by jury. On trial, the plaintiff having closed the evidence upon his.part, the defendant proved that the hay sued for, together with other property belonging to the plaintiff, consisting of several cattle, &c., was taken by him, as deputy sheriff, by virtue of two writs of attachment against the plaintiff; that the attachment was made in the absence of the plaintiff, and the property was moved by the…
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Trover, for a quantity of hay, &c. Plea, the general issue, and trial by jury. On trial, the plaintiff having closed the evidence upon his.part, the defendant proved that the hay sued for, together with other property belonging to the plaintiff, consisting of several cattle, &c., was taken by him, as deputy sheriff, by virtue of two writs of attachment against the plaintiff; that the attachment was made in the absence of the plaintiff, and the property was moved by the defendant to the barn of one Merrill, and there kept, and that the hay attached was fed out to the cattle attached; all which…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
There is an express statute, that property taken upon execution “shall be safely kept at the expense of the debtor.” Rev. St. ch. 42, § 3. There is no such provision in regard to property attached on mesne process. But the case of Dean v. Bailey, 12 Vt. 142, which was decided upon the authority of another case, not reported, — Jackson v. Scribner, Orange County, — and which was distinctly remembered by some members of the court, is put upon the ground that such is the rule in regard to property so attached. Not having been present when the…
2Cases cited1 opinion
- Dean v. BaileySupreme Court of Vermont · 1840
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- Soule v. DoughertySupreme Court of Vermont · 1852
- Allen v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1897
- Templeton v. Capital Savings Bank & Trust Co.Supreme Court of Vermont · 1904