Stearns v. Silsby
Supreme Court of Vermont
Trover. Plea, the general issue. Trial by jury at the June Term, 1901, Lamoille County, Munson, J., presiding. Verdict and judgment thereon for the plaintiff. The defendant excepted. The plaintiff bought the property in question of one Milo Stearns, and paid him for it, but before it was delivered to the plaintiff, the defendant attached it as the property of Milo Stearns, and subsequently sold it on execution.
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Trover. Plea, the general issue. Trial by jury at the June Term, 1901, Lamoille County, Munson, J., presiding. Verdict and judgment thereon for the plaintiff. The defendant excepted. The plaintiff bought the property in question of one Milo Stearns, and paid him for it, but before it was delivered to the plaintiff, the defendant attached it as the property of Milo Stearns, and subsequently sold it on execution. The language of this return is even more general than that of the officer in Keniston v. Stevens, 66 Vt. 351, where the court says that the attempted’ attachment created no lien,…
1Opinion of the CourtTaft, C. J.
This is an action of trover for a pair of horses and a surrey. The defendant claimed to> hold the property by virtue of an attachment of it by him as deputy sheriff, and offered testimony, viz., a copy of his return, that at London, on the 22d day of December, 1898, he attached as the property of the defendant, three horses and one two-seated sur*70rey, etc., in connection with testimony that the two horses and surrey sued for were the only two horses and surrey owned by defendant in the' suit in which the attachment was made. The return was excluded upon the ground that the description of the…
2Cases cited3 opinions
- Barron v. SmithSupreme Court of Vermont · 1890
- Pond v. BakerSupreme Court of Vermont · 1885
- Keniston v. StevensSupreme Court of Vermont · 1894
3Cited by2 opinions
- Humphrey v. WheelerSupreme Court of Vermont · 1918
- Sargent, Osgood & Roundy Co. v. KelleySupreme Court of Vermont · 1926