Luce v. Hoisington
Supreme Court of Vermont
Trial by jury, at the December Term, 1881, Taft, J., presiding. Trespass for taking an ox. Yerdict and judgment for the plaintiff to recover $4. The defendant, as constable, attached the ox on one writ, March 16, 1880, and on another writ in favor of another party, April 6, 1880, and held the ox in his possession till May 10, 1880, when both claims were paid. The other facts are sufficiently stated in the opinion.
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Trial by jury, at the December Term, 1881, Taft, J., presiding. Trespass for taking an ox. Yerdict and judgment for the plaintiff to recover $4. The defendant, as constable, attached the ox on one writ, March 16, 1880, and on another writ in favor of another party, April 6, 1880, and held the ox in his possession till May 10, 1880, when both claims were paid. The other facts are sufficiently stated in the opinion. In order to maintain trespass, the plaintiff at the time of the injury must have had either the actual possession or a property in the ox, either general or special, with the right…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The action is trespass for taking an ox. It appears that the defendant, as constable, first attached the ox on one writ, and took it into his possession, and while so having the possession, made a second attachment of the same ox on another writ against the same party, the plaintiff in this suit, and that he continued to hold possession for several weeks and until judgments were obtained in both suits and executions issued thereon and were paid, when the ox was returned. The defendant pleaded the general issue with notice justifying the…
2Cases cited4 opinions
- Van Brunt v. SchenckNew York Supreme Court · 1814
- Putnam v. WyleyNew York Supreme Court · 1811
- Cox v. HallSupreme Court of Vermont · 1846
- Hurd v. FlemingSupreme Court of Vermont · 1861
3Cited by2 opinions
- Palmer v. United States ex rel. LaneCourt of Appeals for the D.C. Circuit · 1914
- Burton v. KennedySupreme Court of Vermont · 1891