Hale v. Miller
Supreme Court of Vermont
This was an action of trover for a traverse sleigh, a lumber sleigh, and other articles of property. The action was originally brought before a justice of the peace, by whose record it appears that, after the appearance of the parties and a continuance of the cause, and the impannelling of a jury for the trial of it, the defendant plead in abatement, the non joinder, as plaintiffs, of two other individuals, as joint owners of the property in question.
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This was an action of trover for a traverse sleigh, a lumber sleigh, and other articles of property. The action was originally brought before a justice of the peace, by whose record it appears that, after the appearance of the parties and a continuance of the cause, and the impannelling of a jury for the trial of it, the defendant plead in abatement, the non joinder, as plaintiffs, of two other individuals, as joint owners of the property in question. The case came up, by appeal to the county court, where the same plea was interposed by the defendant, and overruled by the court, to which…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is an action of trover for certain property sold on execution in favor of the defendant against the plaintiff. It is alleged that the proceedings of the officer were so irregular as to render the sale void, and the officer and creditor liable in this form of action.
The irregularity complained of, is, that the officer, by the *214consent and direction of the defendant, who was creditor in the executions, advertised the property to be sold at a different place from that at which it was advertised, but both in the village of Middlebury. Not…
2Cited by4 opinions
- Hall v. RaySupreme Court of Vermont · 1868
- Austin v. SouleSupreme Court of Vermont · 1864
- Fitzpatrick v. PeabodySupreme Court of Vermont · 1878
- Spear v. TilsonSupreme Court of Vermont · 1852