Beattie v. Robin
Supreme Court of Vermont
This was an action of trespass for taking and carrying away four tons of hay, the property of the plaintiff. Plea, not guilty, and issue joined thereon.
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This was an action of trespass for taking and carrying away four tons of hay, the property of the plaintiff. Plea, not guilty, and issue joined thereon. On the trial in the County Court, the plaintiff, after proving the taking of the hay by the defendant, introduced testimony tending to prove, that in April, 1823, James and John JYelson, let, by p?rol, to Eri Chamberlin, a farm in Ryegate, called the Robert Brock-farm, to occupy and improve the same during the season, rendering to the Nelsons one half of the crops to grow on the farm, for the use of it, and to quit the same in the fall; that…
1Opinion of the Court
The opinion of the Court was pronounced by
Paddock, J.
Two questions are presented for the considera? tion of the court 5 the one, whether the copies of the record of the *184County Court were rightfully admitted; the other, whether it appears from the bill of exceptions that there was a sufficient change of possession of the hay, from Chamberlin to Beattie, to enable him to recover.
The counsel for the plaintiff contends, that the attachment upon mesne process was illegal, as well as the levy of the execution,owing to the imperfect returns of the officer of his doings. The court do not discover any…
2Cited by3 opinions
- Drake v. MooneySupreme Court of Vermont · 1859
- Jewett v. GuyerSupreme Court of Vermont · 1865
- Sleeper v. PollardSupreme Court of Vermont · 1856