Stewart v. Martin
Supreme Court of Vermont
Trespass for taking thirteen milch cows, and other property. Plea, the general issue, with notice of special matter. On trial the plaintiff proved that the property was taken by the defendant in the town of Arlington, June 15, 1840, and also introduced evidence tending to prove a sale and delivery of the same property from Rufus Corey to her some time in the month of May, 1840. The defendant, in pursuance of his notice, proved that he was, at the time of the taking, a…
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Trespass for taking thirteen milch cows, and other property. Plea, the general issue, with notice of special matter. On trial the plaintiff proved that the property was taken by the defendant in the town of Arlington, June 15, 1840, and also introduced evidence tending to prove a sale and delivery of the same property from Rufus Corey to her some time in the month of May, 1840. The defendant, in pursuance of his notice, proved that he was, at the time of the taking, a constable of Shaftsbury, and offered in evidence a writ of attachment in favor of Daniel Huling against Rufus Corey, on which…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The first question wh¿mJaA^¶§&]íjtej^ is, whether the writ in favor of Huling againsfcorey should have Keen received in evidence, on account of its not to the form of the statute, “to any sheriff oiKconstable in the statfe;” and we think it should have been. The ^th|j¡^^g,&®®ie5l't0 serve a writ does not depend on the direction/N^liis was virtuality decided in the case of Chadwick v. Divol, 12 Vt. 499 and, moreover, so far as this defendants constable, was concerned, the writ was properly directed, — ‘that is, it was directed to either…
2Cases cited4 opinions
- James M. Chadwick & Co. v. DivolSupreme Court of Vermont · 1837
- Gates v. GorehamSupreme Court of Vermont · 1833
- Clark v. WashburnSupreme Court of Vermont · 1837
- Cushing v. HaleSupreme Court of Vermont · 1836
3Cited by11 opinions
- Grisham v. BodmanSupreme Court of Alabama · 1895
- Morrison v. CrawfordOregon Supreme Court · 1879
- Wehle v. HavilandNew York Court of Common Pleas · 1872
- Hall v. RaySupreme Court of Vermont · 1868
- Howard v. ManderfieldSupreme Court of Minnesota · 1883
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