Burroughs v. Wright
Supreme Court of Vermont
Trespass-for taking from the possession of the plaintiff certain personal property, described in the plaintiff’s declaration. Plea, the general issue, with notice of special matter, and trial by jury. On trial it appeared that the plaintiff, in 1843, was constable of St: Johnsbury, and the defendant Wright was a deputy sheriff for the same county.
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Trespass-for taking from the possession of the plaintiff certain personal property, described in the plaintiff’s declaration. Plea, the general issue, with notice of special matter, and trial by jury. On trial it appeared that the plaintiff, in 1843, was constable of St: Johnsbury, and the defendant Wright was a deputy sheriff for the same county. On the 10th of April, 1843, four writs of attachment against James Ramsay, in favor of Jacob C. Bean, John Bacon, John Kelly & Co., and the Farmers’ & Mechanics’ Co., were sued out, and the three first writs were put into the hands of Wright to…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
One principal question in the case is, whether the plaintiff, by virtue of the writ in favor of the Farmers’ & Mechanics’ Co., acquired any lien upon this property. And in relation to that we are clear that he did not. The case of Watson v. Todd, 5 Mass. 271, is a leading case upon this point, and has been followed *625by subsequent decisions in Massachusetts, and has been recognized as law in this state, and is decisive of this part of the case. At the time when the plaintiff pretended to attach that property, it was already attached and in the…
2Cases cited2 opinions
- Watson v. ToddMassachusetts Supreme Judicial Court · 1809
- Munger v. FletcherSupreme Court of Vermont · 1830
3Cited by5 opinions
- Wood v. DoaneSupreme Court of Vermont · 1848
- Fitzpatrick v. PeabodySupreme Court of Vermont · 1878
- Adams v. LaneSupreme Court of Vermont · 1866
- Burroughs v. WrightSupreme Court of Vermont · 1847
- Yamamoto v. SakuraiHawaii Supreme Court · 1911