Legal Opinion

Briggs v. Gleason

Supreme Court of Vermont

Decided December 15, 1856PublishedCited by 4 opinions

Replevin for a light gray mare. Plea the general issue, with notice that the defendant, as a deputy sheriff, had attached the mare upon a writ against the plaintiff, by virtue of which attachment he held the property at the time of the bringing of the present action. Trial by the court, November Term, 1854, — Peck, J., presiding.

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Replevin for a light gray mare. Plea the general issue, with notice that the defendant, as a deputy sheriff, had attached the mare upon a writ against the plaintiff, by virtue of which attachment he held the property at the time of the bringing of the present action. Trial by the court, November Term, 1854, — Peck, J., presiding. The defendant having shown that he, as a deputy sheriff, attached the mare in question upon a writ against the plaintiff, as stated in his notice, the plaintiff testified that the defendant, after taking the mare from the plaintiff, put her into the hands of one…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

I. The first inquiry is, whether the use *80of the property, under the circumstances, made the officer a trespasser ah initio. If the use had been by the defendant himself, or by his express consent, or with his knowledge, and he made no effort to hinder it, it has been held by this court, Lamb v. Day et al., 8 Vt. 407, that he thereby became a trespasser ah initio. The only difference between that case and this is, that here the use was by the bailee of the defendant, and it does not appear whether with the defendant’s knowledge or not.…

2Cases cited1 opinion

  1. Lamb v. Day & PeckSupreme Court of Vermont · 1836

3Cited by4 opinions

  1. Hall v. RaySupreme Court of Vermont · 1868
  2. Kenerson v. BaconSupreme Court of Vermont · 1869
  3. Barrows v. FassettSupreme Court of Vermont · 1864
  4. Prescott v. StarkeySupreme Court of Vermont · 1898

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