Legal Opinion

Fairbanks v. Benjamin

Supreme Court of Vermont

Decided August 15, 1877PublishedCited by 5 opinions

Trespass and trover for five cows and other chattels. Plea, the general issue, and trial by the court, April Term, 1877, Powers, J., presiding.

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Trespass and trover for five cows and other chattels. Plea, the general issue, and trial by the court, April Term, 1877, Powers, J., presiding. The plaintiff introduced evidence tending to show that on July 17, 1873, he brought an action against James Godfrey, of Wolcott, to recover a debt of about $200, and on September 7, obtained judgment therein, and took out execution, which he caused to be levied on the property for which he sought to re'cover in this action, which was all of Godfrey’s attachable property, whereupon the property was sold at sheriff’s sale, and the plaintiff became the…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

On the 7th day of September, 1873, the plaintiff obtained judgment against James Godfrey, took out an execution upon said judgment, caused the execution to be levied upon the property sought to be recovered for in this action, and became the purchaser of said property upon the sheriff’s sale of the same upon the execution. On the 9th day of August, 1875, the said Godfrey made application to the defendant as overseer of the poor of the town of Wolcott, for aid, and was accepted by the defendant as a pauper chargeable to the town of Wolcott; and…

2Cases cited7 opinions

  1. Drake v. MooneySupreme Court of Vermont · 1859
  2. Jewett v. GuyerSupreme Court of Vermont · 1865
  3. E. L. B. Brooks v. ClayesSupreme Court of Vermont · 1838
  4. Beach v. BoyntonSupreme Court of Vermont · 1853
  5. Hall v. RaySupreme Court of Vermont · 1868

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
  2. McKinstry v. CollinsSupreme Court of Vermont · 1902
  3. Becker v. BeckerSupreme Court of Vermont · 1980
  4. McKinstry v. CollinsSupreme Court of Vermont · 1904
  5. In re HuntSupreme Court of Vermont · 1912

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