Legal Opinion

Barnard v. Stevens

Supreme Court of Vermont

Decided March 15, 1828PublishedCited by 6 opinions

TRESPASS for taking an oxPlea, the general issue, with special notice of a justification, in the levy of an execution, and a sale of the ox under it. The taking being proved on the trial, the defendants offered in evidence to the jury, an execution in favour of the said Bellows against the plaintiff, directed to the sheriff of Essex county, &c.

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TRESPASS for taking an oxPlea, the general issue, with special notice of a justification, in the levy of an execution, and a sale of the ox under it. The taking being proved on the trial, the defendants offered in evidence to the jury, an execution in favour of the said Bellows against the plaintiff, directed to the sheriff of Essex county, &c. (the said Stevens being the sheriff,) dated February 22d, 1819, and made returnable in sixty days from date, and received by said Stevens for collection, March 20th, 1819. On this execution the said Bellows had receipted, on the 22d of February and 3d…

1Opinion of the Court

The opinion of the Court was pronounced by

Prentiss, J.

The court below decided, and instructed the jury, that the record of the judgment, execution, and officer’s return thereon, which was produced and read in evidence on the trial, was no justification of the taking of the ox sued for, and directed the jury to return a verdict for the plaintiff. The case comes here on exceptions filed to the direction thus given to the jury; and the question to be decided is, whether the direction was right.

The execution was dated Feb. 22d, 1819, and was returnable within sixty days from the date; and it…

2Cases cited2 opinions

  1. Thatcher v. MillerMassachusetts Supreme Judicial Court · 1814
  2. Thatcher v. MillerMassachusetts Supreme Judicial Court · 1816

3Cited by6 opinions

  1. Homes v. CorbinMissouri Court of Appeals · 1886
  2. Bondurant v. BufordSupreme Court of Alabama · 1840
  3. Taylor v. MooreSupreme Court of Vermont · 1890
  4. Keniston v. StevensSupreme Court of Vermont · 1894
  5. Pond v. CampbellSupreme Court of Vermont · 1884

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