Johnson v. Perkins
Supreme Court of Vermont
Trespass and Trover for nine casks of cider and the casks. Plea, the general issue, and notice of justification as an officer under process for the seizure and forfeiture of said cider pursuant to statute. Trial by jury, May Term, 1875, Barrett, J., presiding. Plaintiff offered evidence to contradict defendant’s return upon the warrant issued to carry into effect á judgment of forfeiture of said cider to the town of Rutland.
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Trespass and Trover for nine casks of cider and the casks. Plea, the general issue, and notice of justification as an officer under process for the seizure and forfeiture of said cider pursuant to statute. Trial by jury, May Term, 1875, Barrett, J., presiding. Plaintiff offered evidence to contradict defendant’s return upon the warrant issued to carry into effect á judgment of forfeiture of said cider to the town of Rutland. The court excluded the evidence, to which plaintiff excepted. Other exceptions were taken by plaintiff, but were not considered by the Supreme Court. The court directed a…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
Most of the questions raised by the exceptions in this case, are the same that have been disposed of in the case of this plaintiff v. Williarns at this term.*
In this case the' plaintiff claimed the-right to contradict the return of the defendant on the warrant turning the cider over to the town of Rutland, and claimed to be permitted to show that the defendant did not deliver the cider to the agent for the town of Rutland as therein stated, and that this made him a trespasser ab initio. Prior to the issue of that warrant, or any doings of the…
2Cited by1 opinion
- State v. Intoxicating LiquorSupreme Court of Vermont · 1883