Bentley v. White
Supreme Court of Vermont
Heard by the court on an agreed statement, December Term, 1881, Royce, J., presiding. Trespass, trover and trespass on the case, for the conversion of one mare, colt and four cows. Judgment for the defendant. The case appears in the opinion. As a sale on mesne process a return was necessary. Hilliard on Mort. 200 ; 53 Yt. 109 ; 49 Yt. 98 ; 52 Yt. 343. An officer cannot justify by a parol return when it is his duty to return his doings in writing. 9 Mass. 247 ; 3 Bl.
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Heard by the court on an agreed statement, December Term, 1881, Royce, J., presiding. Trespass, trover and trespass on the case, for the conversion of one mare, colt and four cows. Judgment for the defendant. The case appears in the opinion. As a sale on mesne process a return was necessary. Hilliard on Mort. 200 ; 53 Yt. 109 ; 49 Yt. 98 ; 52 Yt. 343. An officer cannot justify by a parol return when it is his duty to return his doings in writing. 9 Mass. 247 ; 3 Bl. Com. 336 ; Green. Ev s. 86; 6 Gray, 237 ; 14 Mass. 123 ; 7 Mass. 388 ; 6 Cush. 244 ; 5 Met. 517 ; 21 Pick. 187 ; 6 Pick. 455 ; 9…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
The defendant as constable attached upon a writ of attachment returnable before a justice of the peace the property in question, to wit: a mare and colt and four cows. This property was held by the defendant until after judgment had been rendered in the justice court and the case appealed. After the appeal and while the case was pending in the County Court, upon request of the attaching creditor, the defendant as such officer sold the property under section 1199 of the Revised Laws, and made return of the sale to the magistrate instead of the…
2Cases cited5 opinions
- Abbott v. KimballSupreme Court of Vermont · 1847
- Stoughton v. MottSupreme Court of Vermont · 1853
- Wilson v. SeaveySupreme Court of Vermont · 1865
- Carney v. DennisonSupreme Court of Vermont · 1843
- Heald v. SargeantSupreme Court of Vermont · 1843
3Cited by2 opinions
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