Abbott v. Kimball
Supreme Court of Vermont
This was originally an action of trover for four horses and five harnesses. After judgment for the plaintiff and review by the defendants, the plaintiff, by leave of the court, amended his declaration by filing several additional counts in case.
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This was originally an action of trover for four horses and five harnesses. After judgment for the plaintiff and review by the defendants, the plaintiff, by leave of the court, amended his declaration by filing several additional counts in case. In the first count the plaintiff alleged, that on the 25th day of November, 1842, the defendant Jewett and one Strong, then his partner, but since deceased, sued out their writ of attachment against the plaintiff, demanding, as damages, sixty dollars, and commanding the sheriff to attach the property of the plaintiff to the value of eighty dollars,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
There are numerous points in this case, upon some of which the court are not fully agreed. But having nó difficulty in reference to many, we think it best to determine those.
1. The court charged the jury, that although the defendants made out all the facts alleged in their plea in bar, still the plaintiffs might recover, in this form of action, the amount of money for which the horses were sold, and interest from the time of the demand. No doubt, if the officer had no right to deduct the expenses of keeping and sale, — of which we say…
2Cited by15 opinions
- Hyde v. CooperSupreme Court of Vermont · 1854
- Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
- Tinker v. MorrillSupreme Court of Vermont · 1866
- Hale v. HuntleySupreme Court of Vermont · 1849
- Green v. LaClairSupreme Court of Vermont · 1916
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