Lowry v. Walker
Supreme Court of Vermont
This was an action of trover- for 150 tons of hay, 150 shocks-of wheat, and 100 shocks of oats. The defendant pleaded not guilty, and the issue was joined to the country. The plaintiff obtained a verdict for his full damages ; and the case was brought up to this Court on exceptions taken by the defendant on said trial.
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This was an action of trover- for 150 tons of hay, 150 shocks-of wheat, and 100 shocks of oats. The defendant pleaded not guilty, and the issue was joined to the country. The plaintiff obtained a verdict for his full damages ; and the case was brought up to this Court on exceptions taken by the defendant on said trial. The material facts, disclosed in the exceptions, were these : The plaintiff, as sheriff of the county of Chittenden, attached the property in question, by virtue of several writs of attachment, some of which were made returnable before a justice of the peace, and one was made…
1Opinion of the Court
Hutchinson, C. J.,
pronounced the opinion of the Court.— The first question raised upon the record is,'whether it was competent for the plaintiff,whose duty it was,on receiving the execution, to enter thereon theday,month and year,when the same was delivered to him, to prove the same by parol testimony ? There seems to be no difficulty in this question, in the present case, for the plaintiff’s lien upon the property was established by his service of the attachment. This lien must remain in the officer for the benefit of each •creditor, so long as such creditor pursues his lien, created by the…
2Cited by4 opinions
- Blodgett v. AdamsSupreme Court of Vermont · 1851
- Mussey v. PerkinsSupreme Court of Vermont · 1864
- Putnam v. ClarkSupreme Court of Vermont · 1843
- Stanton v. HodgesSupreme Court of Vermont · 1834