Lowry v. Cady
Supreme Court of Vermont
This was an action of assumpsit, to recover the value of certain personal property which had been attached by the plaintiff, by virtue of a writ of attachment in favor of one SafFord Stevens against Thaddeus Tuttle, and, as was alleged, delivered to the defendant upon his receipt in writing for safe keeping. Plea, non assump-sit, and issue to the court.
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This was an action of assumpsit, to recover the value of certain personal property which had been attached by the plaintiff, by virtue of a writ of attachment in favor of one SafFord Stevens against Thaddeus Tuttle, and, as was alleged, delivered to the defendant upon his receipt in writing for safe keeping. Plea, non assump-sit, and issue to the court. To show the attachment ol the property, and the delivery of it to the defendant, the plaintiff offered a receipt in writing for the property attached, signed by the defendant, reciting the attachment; to which the defendant objected; but the…
1Opinion of the Court
The opinion of the Court iva's delivered by,
Williams, J.
Both of these actions are brought by the plaintiff, late sheriff of the county of Chittenden, on receipts for prop'erty taken on a writ of attachment in favor of Safford Stevens against Thaddeus Tuttle. From the pleadings it appears that both stand on the same foundation; and a determination, of one, must also determine the other.
On examination, we find nothing which requires us to disturb the judgement of the county court. The attachment was sufficiently proved. An attachment of personal peroperty is the taking such property into the…
2Cases cited2 opinions
- Spencer v. WilliamsSupreme Court of Vermont · 1828
- Lyman v. LymanMassachusetts Supreme Judicial Court · 1814
3Cited by12 opinions
- Cleveland v. BurnhamWisconsin Supreme Court · 1885
- Brown v. GleedSupreme Court of Vermont · 1860
- Gray v. LarrimoreU.S. Circuit Court for the District of California · 1865
- In Re Warner's EstateSupreme Court of Vermont · 1925
- Martin v. BarbourUnited States Circuit Court · 1888
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