Eddy v. Davis
Supreme Court of Vermont
Replevin for seven cattle belonging to the plaintiff, and ¡alleged to have been unlawfully taken and detained by the defendant. Plea, the general issue, and trial by jury at the September Term, 1861, Barrett, J., presiding.
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Replevin for seven cattle belonging to the plaintiff, and ¡alleged to have been unlawfully taken and detained by the defendant. Plea, the general issue, and trial by jury at the September Term, 1861, Barrett, J., presiding. The defendant requested the court to charge the jury that ' the action could not be maintained, it being conceded by the plaintiff that the cattle in question had not been taken by virtue of any attachment or execution, and that if the action could be maintained at all, it could be only under the first clause of the 14th section of chapter 33 of the Compiled Statutes,…
1Opinion of the CourtKellogg, J.
This is an action of replevin for seven cattle, of which the plaintiff claimed to be the owner, and which, as he alleges, were taken and unlawfully detained from him by the ■defendant.
It has been settled that the action of replevin can not be maintained in this state as an adversary suit at common law, and is to be supported only in the cases in which it is authorized by statute; Bulkly et al. v. Smith et al., Brayton 38 ; Taggart v. Hart, ib. 215; Glover v. Chase, 27 Vt. 533; Bennett et al. v. Allen, 30 Vt. 684. The right of the plaintiff to maintain this action accordingly depends upon the…
2Cases cited4 opinions
- Briggs v. OaksSupreme Court of Vermont · 1853
- Glover v. ChaseSupreme Court of Vermont · 1855
- Bennett, White & Co. v. AllenSupreme Court of Vermont · 1858
- Mellen v. MoodySupreme Court of Vermont · 1851
3Cited by2 opinions
- Prescott v. StarkeySupreme Court of Vermont · 1898
- Satre v. RalphVermont Superior Court · 2020