Batchelder v. Warren
Supreme Court of Vermont
Trover for a quantity of jewelry and other property. Plea, the general issue, with notice that the defendant, as deputy sheriff, on the fifth day of October, 1841, took the property in question, as belonging to John A. Batch elder, by virtue of writs of. attachment against him. Trial by jury, March Term, 1845, — Hebard, J., presiding.
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Trover for a quantity of jewelry and other property. Plea, the general issue, with notice that the defendant, as deputy sheriff, on the fifth day of October, 1841, took the property in question, as belonging to John A. Batch elder, by virtue of writs of. attachment against him. Trial by jury, March Term, 1845, — Hebard, J., presiding. On trial the plaintiff1 gave in evidence an agreement in writing between himself and John A. Batchelder, which was in these words; Articles of agreement made and concluded this twenty-ninth day of September in the year of our Lord one thousand eight hundred and…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The only question, presented for the consideration of this court, arises upon the decision of the county court in relation to the plaintiff’s right to the possession of the property. If it be true, as is assumed by the court below, that, by force of the contract, the plaintiff had parted with his right to the possession of the property for a term, which had not expired at the commencement of the plaintiff’s suit, it is very manifest, that this suit cannot be maintained. For it is well settled law, that, to maintain the action of trover,…
2Cases cited2 opinions
- Putnam v. WyleyNew York Supreme Court · 1811
- Soper v. SumnerSupreme Court of Vermont · 1833
3Cited by1 opinion
- Skiff v. SolaceSupreme Court of Vermont · 1851