Brooks v. Farr
Supreme Court of Vermont
Trover for a cow. Plea, general issue, and trial by jury, June Term, 1877, Pierpoint, C. J., presiding. It appeared that on April 6, 1876, the defendant, as constable, attached, among other things, five cows, the property of O. M. Rockwood, on a writ sued out by Harriet Stowell against Rock-wood and others, by lodging a copy of the writ, with his return thereon, in the town clerk’s office in Bristol.
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Trover for a cow. Plea, general issue, and trial by jury, June Term, 1877, Pierpoint, C. J., presiding. It appeared that on April 6, 1876, the defendant, as constable, attached, among other things, five cows, the property of O. M. Rockwood, on a writ sued out by Harriet Stowell against Rock-wood and others, by lodging a copy of the writ, with his return thereon, in the town clerk’s office in Bristol. The property was described in the return as five cows, &c., on the premises of Rockwood, in Bristol, where the property in fact was. On the same day the defendant gave Rockwood personal notice of…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The case shows that defendant, as constable, had attached five cows as the property of Rockwood on a writ of attachment in favor of Harriet Stowell against C. M. Rockwood and others; that he had perfected his lien by leaving an attested copy of the process in the town clerk’s office, and that before the twenty days expired he took actual possession of the cows, and sold them regularly on the writ; that plaintiff, being aware of the defendant’s attachment before the cows were actually removed, as an authorized person, attached one of said…
2Cases cited2 opinions
- Culver v. BalchSupreme Court of Vermont · 1851
- Dolbear v. Town of HancockSupreme Court of Vermont · 1847
3Cited by2 opinions
- Cowdery v. JohnsonSupreme Court of Vermont · 1888
- Thomas v. GravesSupreme Court of Vermont · 1916