Newton v. Adams
Supreme Court of Vermont
This was an action of trespass for taking and conveying away certain articles of personal property, described in the declaration. Plea, not guilty.
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This was an action of trespass for taking and conveying away certain articles of personal property, described in the declaration. Plea, not guilty. On trial in the county court the plaintiff offered in evidence a writ of attachment and the officer’s return thereon indorsed, dated November 10th, 1S27, together with the record of a judgement and execution in favor of the Bank of St. Albans, against one Anson Field, which writ was served by the plaintiff, as constable of St. Albans, by attaching the property described in the declaration. The return on the writ was as follows : “ St. Albans,…
1Opinion of the CourtPhelps, J.
The plaintiff’s title to the property in question, ■and, of course, his right to recover, depends upon the validity of •the attachment of the property, made by him, as constable of St. Albans,' at the suit of the Bank of St. Albans against Anson Field. The defendants contest its validity, upon two distinct and independent grounds. The first is, that the plaintifl’s return of his doings is so defective as to render the attachment nugatory., and the second, that he neglected to take that possession of the property which the law requires, in order to give validity to his lien, as against the…
2Cases cited1 opinion
- Marvin v. WilkinsSupreme Court of Vermont · 1826
3Cited by10 opinions
- Wade v. Wade's Admr.Supreme Court of Vermont · 1908
- Sabin v. MichellOregon Supreme Court · 1895
- McKenzie v. RansomSupreme Court of Vermont · 1850
- Slate v. BarkerSupreme Court of Vermont · 1854
- Stannard v. TillotsonSupreme Court of Vermont · 1914
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