Batchelder v. Frank
Supreme Court of Vermont
Case for maliciously praying out a writ of attachment. The declaration alleged “ that on, &g., the defendant, maliciously intending to injure and oppress the plaintiff, and cause the waste, loss, and destruction of his property, prayed out a writ of attachment, returnable, &c., and delivered the same to William H. Preston, sheriff, &c., with instructions tp attach all the goods in the plaintiff’s store, restaurant, eating-saloon and fruit-store, in, &c., and not to take any…
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Case for maliciously praying out a writ of attachment. The declaration alleged “ that on, &g., the defendant, maliciously intending to injure and oppress the plaintiff, and cause the waste, loss, and destruction of his property, prayed out a writ of attachment, returnable, &c., and delivered the same to William H. Preston, sheriff, &c., with instructions tp attach all the goods in the plaintiff’s store, restaurant, eating-saloon and fruit-store, in, &c., and not to take any receiptor for the same, but to shut his said restaurant and fruit-store, and exclude the plaintiff therefrom; and that…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
It is to be inferred from the declaration, that the defendant sued out the writ named therein, for the substantial purpose of collecting a just debt' against the plaintiff, inasmuch as nothing to the contrary is averred or intimated in the declaration. This being so, it was defendant’s lawful right to attach property upon said writ. Property was attached on it, and with due formality, for aught that appears. So far no legal right of the plaintiff was violated.
I. The burden of the address made to the court in behalf of the plaintiff is, that…
2Cases cited3 opinions
- Pingry v. WashburnSupreme Court of Vermont · 1826
- Perry v. CarrSupreme Court of Vermont · 1869
- Wakefield v. FairmanSupreme Court of Vermont · 1868
3Cited by2 opinions
- Gurley v. TomkinsSupreme Court of Colorado · 1892
- McDermott v. JaquithSupreme Court of Vermont · 1914