Eaton v. Cooper
Supreme Court of Vermont
Trespass for taking a quantity of goods and a horse. Plea, the general issue, with notice that the defendant Smith, as deputy sheriff, attached the property as that of Samuel S. Kimball, by direction of the defendant Cooper, the attorney of the creditors of said Kimball, and that the property belonged to said Kimball, &c. Trial by jury, June Term, 1855,— Underwood, J., presiding.
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Trespass for taking a quantity of goods and a horse. Plea, the general issue, with notice that the defendant Smith, as deputy sheriff, attached the property as that of Samuel S. Kimball, by direction of the defendant Cooper, the attorney of the creditors of said Kimball, and that the property belonged to said Kimball, &c. Trial by jury, June Term, 1855,— Underwood, J., presiding. The plaintiff showed that he purchased all the property sued for at regular sheriff’s sales, most of the goods being sold by J. C. Buswell, constable of Barton, on process in favor of Stanton & Cutler, and in favor…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
This case is somewhat peculiarly situated in regard to some, of the questions involved in it. The suit is brought against the officer and attorney who made the attachment, and who made it in behalf of different creditors, who, in consequence of subsequent litigation, may be entitled to defend upon different grounds.
I. The first question made is in regard to the admissibility of the declarations of Kimball, for the purpose of proving a fraudulent design between him and the plaintiff in the purchase of the property at auction. This…
2Cases cited1 opinion
- Stoughton v. MottSupreme Court of Vermont · 1853
3Cited by4 opinions
- Murray v. LovejoyU.S. Circuit Court for the District of Massachusetts · 1863
- Grafton v. CarmichaelWisconsin Supreme Court · 1880
- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885
- McGillis v. Bishop.Appellate Court of Illinois · 1888