Collins v. Perkins
Supreme Court of Vermont
Trespass for taking a sled, ox yoke, ring, staple, two chains, and a pair of oxen. Flea, the general issue, and trial by the court, at the September Term, 1858, — Aldis, J., presiding. The plaintiff’s testimony tended to show that the defendant, as an authorized person, attached upon a writ in favor of Wm.
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Trespass for taking a sled, ox yoke, ring, staple, two chains, and a pair of oxen. Flea, the general issue, and trial by the court, at the September Term, 1858, — Aldis, J., presiding. The plaintiff’s testimony tended to show that the defendant, as an authorized person, attached upon a writ in favor of Wm. F. Merriam against the plaintiff, the property described in the declaration ; that after taking it he occasionally used it without the consent of the plaintiff, and finally sold the oxen as his own property ; that the copy of the writ left with the plaintiff by the defendant, on serving the…
1Opinion of the CourtPoland, J.
The questions made in this case in relation to the validity of the attachment, and the regularity of the judgment in favor of Merriam against the plaintiff, have already been decided at the present term, in the case of Collins v. Merriam.
The using, or allowing property to be used by an officer holding the same under attachment, is ordinarily considered such an abuse of the officer’s authority as to make him a trespasser ab initio. It would seem from the exceptions that the use in the present case was slight, and it is not stated whether it was with the knowledge or consent of the officer, but…
2Cases cited3 opinions
- Yale v. SaundersSupreme Court of Vermont · 1844
- Eastman v. CurtisSupreme Court of Vermont · 1832
- Dow v. SmithSupreme Court of Vermont · 1834
3Cited by6 opinions
- Murphy v. BjelikOregon Supreme Court · 1917
- Vietzen v. OtisWashington Supreme Court · 1907
- Hall v. RaySupreme Court of Vermont · 1868
- Evarts v. BurgessSupreme Court of Vermont · 1876
- Pecos Valley Lumber Co. v. FreidenbloomNew Mexico Supreme Court · 1917
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