Kelly v. Paris
Supreme Court of Vermont
Trespass, for taking two oxen and other articles of personal property. Plea — Not guilty, and issue to the country. The plaintiff claimed the property in question, by virtue of an attachment made by him, as constable of Danby, on a writ in favOr of Isaac McDaniels, against one Jared L. Hulet.
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Trespass, for taking two oxen and other articles of personal property. Plea — Not guilty, and issue to the country. The plaintiff claimed the property in question, by virtue of an attachment made by him, as constable of Danby, on a writ in favOr of Isaac McDaniels, against one Jared L. Hulet. The property attached had been left by the plaintiff in the possession of the debtor, and the defendant, Isaac T. Paris, took it by virtue of a writ of attachment, in favor of said Harvey Paris, against said Hulet. The plaintiff retook the property from the defendants, and the defendants afterwards took…
1Opinion of the Court
The opinion of the Court was delivered by
Redfield, J.
In this case, it is admitted that the plaintifl’s right to recover depends upon the validity of Isaac T. Paris’ authority to serve the writ in favor of the other defendant, against Hulet. If that authority was sufficient, defen*263dants made the first legal attachment, and have the prior right, and unless the authority be so considered, they acquired no right, and the plaintiff’s attachment against the will of defendants is still good, and the defendants are liable in this action.
It is not pretended that the sufficiency of the authority has…
2Cited by8 opinions
- Hammond & Draper v. Wilder & LockeSupreme Court of Vermont · 1853
- Dolbear v. Town of HancockSupreme Court of Vermont · 1847
- Town of St. Johnsbury v. GoodenoughSupreme Court of Vermont · 1871
- Carruth v. TigheSupreme Court of Vermont · 1860
- Thomas v. GravesSupreme Court of Vermont · 1916
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