Freeman v. Carpenter
Supreme Court of Vermont
Trespass, for taking a two year old heifer. This case was submitted to the county court, upon the following statement of facts.
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Trespass, for taking a two year old heifer. This case was submitted to the county court, upon the following statement of facts. The defendant, as constable of Orange, in the spring of 1837, attached the heifer in question, at the suit of Currier &. Bailey, who recovered a judgment in said suit, against the . plaintiff and took out a writ of execution thereon, and delivered it to the defendant, and the defendant, as constable as aforesaid, levied the execution upon the heifer, and sold her as the law directs, to satisfy said judgment. The heifer, when so taken and sold, was the only cow kind…
1Opinion of the Court
The opinion of the court was delivered by
Williams, C. J.
It is to be regretted that we are so often called on to decide questions, arising under the statute in question. The courts have uniformly been disposed to give it a liberal exposition. The articles exempted are, generally, of small comparative value, and it would be productive of more unhappiness and distress to the debtor to permit them to be taken by attachment and execution, than of real substantial benefit to the creditor. The statute, in terms, exempts oiie cow from attachment and execution. Possibly, if it were a penal statute, it…
2Cited by12 opinions
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- Puget Sound Dressed Beef & Packing Co. v. JeffsWashington Supreme Court · 1895
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