Dow v. Smith
Supreme Court of Vermont
This was an action of trespass for taking and driving away a two year old heifer, and which came by appeal to the county court. Plea, the general issue, with a notice that the same was taken by the defendant as deputy sheriff and sold on an execution against the plaintiff. The plaintiff on the trial, proved the defendant took his two year old heifer, which was forward with calf.
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This was an action of trespass for taking and driving away a two year old heifer, and which came by appeal to the county court. Plea, the general issue, with a notice that the same was taken by the defendant as deputy sheriff and sold on an execution against the plaintiff. The plaintiff on the trial, proved the defendant took his two year old heifer, which was forward with calf. The defendant then showed that he, being a deputy sheriff, and having for collection an execution against the plaintiff, took and sold said heifer thereon, as appeared by the return. The plaintiff gave evidence…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
The first question in this case relates to the form of action ; should it be trespass or case. It is insisted that the exemption of property from execution is like the exemption of the person from arrest; for a breach of which last privilege it has been bolden that trespass will not be sustained.
For taking property, exempt from execution, trespass has ever been the form of action in this state, as the following cases will show.—Crocker vs. Spencer, 2 D. Chip. 68.—Leavitt vs. Metcalf 2 Vt. Rep. 342, Kilburn vs. Deming, 2 Vt. Rep.…
2Cases cited10 opinions
- Leavitt v. MetcalfSupreme Court of Vermont · 1829
- Gifford v. FordSupreme Court of Vermont · 1833
- Haskill v. AndrosSupreme Court of Vermont · 1832
- Spooner v. FletcherSupreme Court of Vermont · 1830
- Hart v. HydeSupreme Court of Vermont · 1833
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Berg v. BaldwinSupreme Court of Minnesota · 1884
- Nelson v. FightmasterSupreme Court of Oklahoma · 1896
- Patterson v. EnglishCourt of Appeals of Texas · 1911
- Mallory v. BerrySupreme Court of Kansas · 1876
- Mundell v. HammondSupreme Court of Vermont · 1868
8 more not listed; retrieve them via the Exa API.