Stoughton v. Mott
Supreme Court of Vermont
This was an action of trespass, to recover the value of plaintiff’s sloop, wrecked in a gale on Lake Champlain under the follow ing circumstances. As long ago as about 1838, there was an insurrection of the French and some other portions of the inhabitants of the Canadas.
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This was an action of trespass, to recover the value of plaintiff’s sloop, wrecked in a gale on Lake Champlain under the follow ing circumstances. As long ago as about 1838, there was an insurrection of the French and some other portions of the inhabitants of the Canadas. The United States Congress, passed an act entitled the Neutrality Law, by which our citizens were prohibited from aiding, or in any way giving countenance or support to the insurgents, and declaring forfeited, all arms and munitions of war about to be transported from the territories of the United States into the Canadas,…
1Opinion of the Court
Redeield, Ch. J,
The first report of this case is found in 13 Vt. 175, and decides, first, “the liability of the vessel to be seized,” and that it may be detained ten days without warrant; but if detained longer, the detention becomes unlawful, and theparty may seek redress for such wrong in the State courts. But it says expressly, “Whether the remedy should be sought by-trespass, or trover, is a question relating to the form of action, but cannot affect the jurisdiction of the State Courts;” (which was the only question then before the court,) and therefore the propriety of the form of action…
2Cases cited2 opinions
- Stoughton v. MottSupreme Court of Vermont · 1841
- Stoughton v. MottSupreme Court of Vermont · 1843
3Cited by15 opinions
- Hyde v. CooperSupreme Court of Vermont · 1854
- Page v. PuyIllinois Supreme Court · 1866
- Meserve v. FolsomSupreme Court of Vermont · 1890
- French v. HoltSupreme Court of Vermont · 1884
- Stone v. KnappSupreme Court of Vermont · 1857
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