Legal Opinion

Lyon v. Rood

Supreme Court of Vermont

Decided January 15, 1840PublishedCited by 6 opinions

Trespass, for a horse and harness. Plea, not guilty. Issue to the country. Upon the trial in the county court, the defendant admitted the taking of the property, and offered in evidence a writ of attachment in favor of George W. Cutter against one James Lawrence, and insisted, that, as-sheriff of Addison county, he took the property in question as the property of said Lawrence, by virtue of said writ.

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Trespass, for a horse and harness. Plea, not guilty. Issue to the country. Upon the trial in the county court, the defendant admitted the taking of the property, and offered in evidence a writ of attachment in favor of George W. Cutter against one James Lawrence, and insisted, that, as-sheriff of Addison county, he took the property in question as the property of said Lawrence, by virtue of said writ. The plaintiff admitted, that, when said writ issued, the horse and harness belonging to Lawrence. The plaintiff offered evidence tending to prove, that on the day when the defendant took the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

— The facts, in the present case, do not seem to the court to be sufficient to constitute an attachment of personal property. But, as the case must go back for a further trial upon that point, it becomes necessary, in some degree, to consider what is necessary to constitute such an attachment. From the fact that in England, they have no law for attaching property upon mesne process, and, that judgments in that country create a lien Upon property, without the necessity of a formal levy of the execution, questions of this character do not…

2Cases cited3 opinions

  1. Lane v. JacksonMassachusetts Supreme Judicial Court · 1809
  2. Denny v. WarrenMassachusetts Supreme Judicial Court · 1820
  3. Hollister v. GoodaleSupreme Court of Connecticut · 1831

3Cited by6 opinions

  1. Fullam v. StearnsSupreme Court of Vermont · 1857
  2. Root v. ReynoldsSupreme Court of Vermont · 1859
  3. Drew v. CorlissSupreme Court of Vermont · 1893
  4. Adams v. LaneSupreme Court of Vermont · 1866
  5. Slate v. BarkerSupreme Court of Vermont · 1854

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