Legal Opinion

Wills v. Barrister

Supreme Court of Vermont

Decided March 15, 1863PublishedCited by 8 opinions

Replevin for a cow. This case was referred, and the referee reported the facts substantially as follows : The plaintiff and defendant were both shoemakers, and the former had been in the employ of the latter for many years prior to July, 1857, and had occupied a house belonging to the defendant and near the 'one occupied by the defendant. The plaintiff received of the defendant pay for his work from time to time,, principally in articles for the support of his family.

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Replevin for a cow. This case was referred, and the referee reported the facts substantially as follows : The plaintiff and defendant were both shoemakers, and the former had been in the employ of the latter for many years prior to July, 1857, and had occupied a house belonging to the defendant and near the 'one occupied by the defendant. The plaintiff received of the defendant pay for his work from time to time,, principally in articles for the support of his family. The plaintiff bought the cow in November, 1855, and the defendant furnished keeping for her- until October, 1857, and charged…

1Opinion of the CourtBarrett, J.

The Compiled Statute, chap. 33, sec. 14, provides that when any goods of the value of more than twenty dollars, shall be unlawfully taken or unlawfully detained from the owner, or the person entitled to the possessiooi thereof, &c., such owner or other person may cause them to be replevied, &c.

One ground of defence in this case is, that the plaintiff was not the owner, nor entitled to the possession of the cow in ques-. tion, by reason of the contract with Edward Sprague, one of the directors of the Union Store. The contract recited in the report, purports to be an absolute transfer by sale…

2Cases cited1 opinion

  1. Cummings v. HarrisSupreme Court of Vermont · 1831

3Cited by8 opinions

  1. Kelsey v. LayneSupreme Court of Kansas · 1882
  2. Ingalls v. VanceSupreme Court of Vermont · 1889
  3. Chase v. RobinsonSupreme Court of Vermont · 1912
  4. Pickett v. McCordMissouri Court of Appeals · 1895
  5. Nemie v. ToddSupreme Court of Vermont · 1915

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