Collins v. Smith
Supreme Court of Vermont
Trover for a quantity of hay. After judgment against the de® fendant by default, the case name on for a hearing on the assess® raent of damages. It appeared that the plaintiff, a constable, attached the hay in question, as the property of the defendant, on mesne process in favor of Lyman & Marsh against the defendant, by leaving a copy in the town clerk’s office.
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Trover for a quantity of hay. After judgment against the de® fendant by default, the case name on for a hearing on the assess® raent of damages. It appeared that the plaintiff, a constable, attached the hay in question, as the property of the defendant, on mesne process in favor of Lyman & Marsh against the defendant, by leaving a copy in the town clerk’s office. The hay was not removed, nor did the plaintiff take actual possession of it: and it was entirely consumed and disposed of by the defendant before judgment was recovered by Lyman & Marsh. Within thirty days after the rendition of…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This was an action of trover, in which the plaintiff sought to recover for property, which he, as constable of Colchester, had attached as the property of the defendant in this suit.
Though the attaching creditors took out their execution within the first thirty days from the rendition of their judgment, and delivered it to the deputy sheriff in season to charge the property, yet, as he was not the same officer who served the attachment, the property was not charged in execution without a demand. The case finds that the deputy sheriff never…
2Cited by6 opinions
- Roberts v. CarpenterSupreme Court of Vermont · 1881
- Short v. LandesSuperior Court of Delaware · 1944
- Dufour v. AndersonIndiana Supreme Court · 1884
- Stannard v. TillotsonSupreme Court of Vermont · 1914
- Wheeler v. SeldenSupreme Court of Vermont · 1890
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