Soule v. Austin
Supreme Court of Vermont
Each of these cases was trover upon an officer’s receipt. In the case of Soule v. Austins, the facts were as follows: The plaintiff, as deputy sheriff, having in his hands for service a writ against the defendants, on the 22nd of April, 1861, went to their residence'in Milton, and informed them, that he had such a writ, and must attach personal property thereon.
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Each of these cases was trover upon an officer’s receipt. In the case of Soule v. Austins, the facts were as follows: The plaintiff, as deputy sheriff, having in his hands for service a writ against the defendants, on the 22nd of April, 1861, went to their residence'in Milton, and informed them, that he had such a writ, and must attach personal property thereon. A. M. Austin then oyvned fifty-three cows, which he had leased with his farm to one Barrett, for one year from March 15th, 1861, and which were then in Barrett’s possession under such lease. A. N. Austin at that time owned and had in…
1Opinion of the Court
Poland, Ch. J.
These eases do not in our judgment present any question of law decided by the county court, which this court can revise. The granting or refusing a certificate might become a legal question so as to be brought up on error from the county court. If the county court were to grant a certificate in á case where, from the form of action, none could be legally granted, or if they were to refuse one upon the ground that the form of action would not allow it, undoubtedly such decision might furnish proper ground for exception or writ of error to this court.
But in an action where the…
2Cases cited2 opinions
- Robinson v. WilsonSupreme Court of Vermont · 1849
- Brown v. GleedSupreme Court of Vermont · 1860
3Cited by7 opinions
- Melendy v. Clark P.Supreme Court of Vermont · 1881
- Jewett v. PudloSupreme Court of Vermont · 1934
- Sheeran v. RockwoodSupreme Court of Vermont · 1894
- Henry v. SowlesDistrict Court, D. Vermont · 1886
- Severance v. GageSupreme Court of Vermont · 1923
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