Stoughton v. Mott
Supreme Court of Vermont
This was an action of trespass, in two counts, for seizing and conveying away, at Champlain, in the state of New York, on the 10th of November, 1838, a sloop, called the Gen. McComb, and also for seizing, taking, and carrying away, on the 12th of said November, certain arms and munitions of war, found on board of the same. The defendant pleaded the general issue ; and also three pleas in bar of the action.
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This was an action of trespass, in two counts, for seizing and conveying away, at Champlain, in the state of New York, on the 10th of November, 1838, a sloop, called the Gen. McComb, and also for seizing, taking, and carrying away, on the 12th of said November, certain arms and munitions of war, found on board of the same. The defendant pleaded the general issue ; and also three pleas in bar of the action. The first plea in bar, was, in substance — that, at the time of the alleged seizure,^the defendant was a deputy collector of the customs, for the district of Vermont; that, on the 8th of…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This was an action of trespass against the defendant, for seizing, taking, and conveying away, a certain sloop called the Gen. McComb, and, also, certain arms and munitions of war. To the declaration the defendant plead the general issue, and a plea in bar, and the plea in bar is traversed. On the trial by the jury, a verdict passed for the plaintiff, and the defendant moved for a judgment, veridicto non obstante, which was overruled by the court. The defendant endeavored to justfy the seizing and detaining the vessel, &c.-, under an…
2Cited by5 opinions
- Stoughton v. MottSupreme Court of Vermont · 1853
- Davis v. StreeterSupreme Court of Vermont · 1903
- Tillinghast v. McLeodSupreme Court of Rhode Island · 1891
- McGrath v. HainesSupreme Court of Vermont · 1965
- Williams v. DelanoMassachusetts Supreme Judicial Court · 1891