Bergman v. Gay
Supreme Court of Vermont
Replevin for a cart. Plea, the general issue. Trial by court at the March Term, 1906, Chittenden County, Miles, J., presiding. Judgment for the defendant for the return of the property, one cent damages, and his costs. The plaintiff excepted. The opinion states the case. • ■ The defendant has a right to the possession of the cart as against the plaintiff (1) by statute, V. S. 2279. (2) by virtue of a “lien implied by law.”
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Replevin for a cart. Plea, the general issue. Trial by court at the March Term, 1906, Chittenden County, Miles, J., presiding. Judgment for the defendant for the return of the property, one cent damages, and his costs. The plaintiff excepted. The opinion states the case. • ■ The defendant has a right to the possession of the cart as against the plaintiff (1) by statute, V. S. 2279. (2) by virtue of a “lien implied by law.” Benedict v. Murray, 3 Vt. 302; Ruggles v. Walker, 34 Vt. 468. (3) Plaintiff could create a repairer’s lien on the property, good as against his own rights, although he had…
1Opinion of the CourtMunson, J.
The suit is replevin for a lunch-cart, which plaintiff owned subject to an overdue mortgage, and which defendant repaired for plaintiff and retained in his possession to enforce a lien for his services. Defendant finally sued plaintiff on his claim, and had the cart attached by copy filed in the clerk’s office; and on the same day, before the hour when the copy was filed, plaintiff took the cart from defendant’s possession by virtue of this replevin writ. While both suits were pending in county court, the mortgagee took the cart from plaintiff’s possession and had it sold on his mortgage.…
2Cases cited4 opinions
- Sprague v. ClarkSupreme Court of Vermont · 1868
- Burdict v. MurraySupreme Court of Vermont · 1830
- Ruggles v. WalkerSupreme Court of Vermont · 1861
- Ingalls v. GreenSupreme Court of Vermont · 1890
3Cited by2 opinions
- Town of Sharon v. Anahama Realty Corp.Supreme Court of Vermont · 1924
- Branchville Motor Co. v. AddenSupreme Court of South Carolina · 1930