Barron v. Smith
Supreme Court of Vermont
This was an action of replevin. Elea, the general issue. Trial by court, Taft, J., presiding, at the June term, 1889, Orange county. Judgment for the plaintiff as to all the property replevied, except the hay, which was not described in the writ of replevin. Judgment for the defendant for the return of the hay,one cent damages, and one cent costs. Exceptions by both parties.
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This was an action of replevin. Elea, the general issue. Trial by court, Taft, J., presiding, at the June term, 1889, Orange county. Judgment for the plaintiff as to all the property replevied, except the hay, which was not described in the writ of replevin. Judgment for the defendant for the return of the hay,one cent damages, and one cent costs. Exceptions by both parties. The plaintiff had attached the property in question as that of one John B. Locke upon two writs of attachment against him, by lodging copies of those writs in the town clerk’s office. The copies were lodged at the same…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
Personal property may be taken on a writ of attachment or on execution, by the officer’s lodging a copy of the process, with his return, in the town clerk’s office in the town where the property is taken. Such lodgment holds the property against subsequent sales and attachments, the same as though it had been actually removed and taken into the officer’s possession. St. of 1884, No. 99.
The notice of the attachment required to be given forthwith b.y the officer .to the defendant, is not necessary to the validity of the attachment; for by the…
2Cases cited1 opinion
- Pond v. BakerSupreme Court of Vermont · 1885
3Cited by5 opinions
- Keniston v. StevensSupreme Court of Vermont · 1894
- Standard Oil Co. of New York v. StevensSupreme Court of Vermont · 1930
- Humphrey v. WheelerSupreme Court of Vermont · 1918
- Stearns v. SilsbySupreme Court of Vermont · 1902
- In re CloughDistrict Court, D. Vermont · 1912