Rood v. Scott
Supreme Court of Vermont
The plaintiff was a Sheriff’s deputy, and brought the action on a receipt of property taken by him of the defendants for a yoke of oxen attached in a suit in favor of Asa Chapman against one Ebenezer Scott, the defendants agreeing to redeliver said oxen on demand, &c., in the usual form. The property was seasonably demanded by the plaintiff of the receiptors on the execution in favour of said Chapman, but was not redelivered, and this'action was commenced against them.
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The plaintiff was a Sheriff’s deputy, and brought the action on a receipt of property taken by him of the defendants for a yoke of oxen attached in a suit in favor of Asa Chapman against one Ebenezer Scott, the defendants agreeing to redeliver said oxen on demand, &c., in the usual form. The property was seasonably demanded by the plaintiff of the receiptors on the execution in favour of said Chapman, but was not redelivered, and this'action was commenced against them. The case comes here upon a bill of exceptions; but the facts are fully stated in the argument of the counsel and the opinion…
1Opinion of the Court
The opinion of the Court was delivered by
Baylies, J.
It appears from this case, that the plaintiff was deputy sheriff, and as such did by writ of attachment in favor of Asa Chapman, and against Ebenezer Scott, take a yoke of oxen, on the 29th July, 1830. And on that occasion Ira Scott and Sol. Parker gave their receipt in writing of that date to Mr. Rood, the plaintiff, for the oxen, promising to return them to the plaintiff when demanded.
In this action Mr. Chapman recovered a regular judgement against the said Ebenezer Scott, took out a writ oí execution thereon, and delivered the same to…
2Cited by6 opinions
- McDermott v. JaquithSupreme Court of Vermont · 1914
- Pond v. BakerSupreme Court of Vermont · 1885
- Stannard v. TillotsonSupreme Court of Vermont · 1914
- Curry v. Equitable Surety Co.Colorado Court of Appeals · 1915
- Curry v. Equitable Surety Co.Colorado Court of Appeals · 1915
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