Sumner v. Brown
Supreme Court of Vermont
Trover, with a count in trespass for taking a certain “ red lined-back cow.” Plea, the general issue with a notice of justification under legal proeess. The ease was referred and the referee reported the following facts: — The cow in question was taken by the defendant as deputy sheriff upon a writ of attachment issued in favor of one Brown against the plaintiff. There was no question made as to the legality of the proceedings.
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Trover, with a count in trespass for taking a certain “ red lined-back cow.” Plea, the general issue with a notice of justification under legal proeess. The ease was referred and the referee reported the following facts: — The cow in question was taken by the defendant as deputy sheriff upon a writ of attachment issued in favor of one Brown against the plaintiff. There was no question made as to the legality of the proceedings. The plaintiff claimed that it was his only cow and not liable to attachment.. The plaintiff was not consulted and gave no leave concerning the attachment. The…
1Opinion of the CourtPierpoint, J.
It is conceded in the argument, that, on the facts reported by the referee, the plaintiff was the owner of two cows at the time the attachment was made and the cow taken by the defendant for which this suit is brought. When this cow was taken the other was left, so that the plaintiff had still the number exempt from attachment. The plaintiff now claims that under the statute, he had the right to elect which of the two cows should be the “one cow” exempt by the statute. Without attempting to decide the question as to the right of the debtor to elect in such case, or to express any opinion as…
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- Saville, Somes & Co. v. WelchSupreme Court of Vermont · 1886
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