Stanley v. Robbins
Supreme Court of Vermont
Trespass for taking certain personal property. Plea, the general issue, with notice of the justification.* It appeared from the testimony detailed in the bill of exceptions, that the property taken was the stock and farming tools on the farm occupied by the plaintiff as tenant; and that the defendant’s justification was that he was deputy sheriff of the county of Orange, and took the property by virtue of a writ of execution.
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Trespass for taking certain personal property. Plea, the general issue, with notice of the justification.* It appeared from the testimony detailed in the bill of exceptions, that the property taken was the stock and farming tools on the farm occupied by the plaintiff as tenant; and that the defendant’s justification was that he was deputy sheriff of the county of Orange, and took the property by virtue of a writ of execution. On trial, the plaintiff, to prove his title to the property sued for, gave in evidence- a lease in writing from his father, Edward B. Stanley, to himself, dated April…
1Opinion of the CourtPeck, J.
The plaintiff claims under a lease from E. B. Stanley to him, dated April 1st, 1856, for three years. The defendant, as deputy sheriff, justifies under an execution against E. B. Stanley, the lessor, by virtue of which he took the property in February, 1858.
1. It is insisted by the defendant’s counsel, that the lease is void under the statutes relating to assignment. The Act of 1843 is in terms limited to general assignments. The Act of 1852 is not expressly so limited, but its provisions all show that it was only general assignments that the legislature had in view. It cannot be supposed the…
2Cases cited6 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Smith v. NilesSupreme Court of Vermont · 1848
- Dana v. LullSupreme Court of Vermont · 1845
- Noyes v. BrownSupreme Court of Vermont · 1860
- Briggs v. BeachSupreme Court of Vermont · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mallow v. WalkerSupreme Court of Iowa · 1901
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
- Fletcher v. WakefieldSupreme Court of Vermont · 1903
- Kegan v. HaslettMissouri Court of Appeals · 1908
- Massey v. McCoyMissouri Court of Appeals · 1899
6 more not listed; retrieve them via the Exa API.