McDermott v. Jaquith
Supreme Court of Vermont
Assumpsit on an officer’s receipt for attached property. Heard on an agreed statement of facts at the December Term, 1912, Windsor County, Stanton, J., presiding. Judgment, pro forma, for the plaintiff. The defendant excepted. The opinion states the casé.
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Assumpsit on an officer’s receipt for attached property. Heard on an agreed statement of facts at the December Term, 1912, Windsor County, Stanton, J., presiding. Judgment, pro forma, for the plaintiff. The defendant excepted. The opinion states the casé. If no judgment can be rendered in favor'of-the plaintiff Perry in the suit in which the property receipted for by these defendants was attached by McDermott, no execution can issue to be levied upon'the attached property, and McDermott incurs no liability to the creditor for failing to charge the attached property; and the same having been…
1Opinion of the Court
Munson, J.'
The defendants are sued as receiptors of property attached by the plaintiff in a suit brought by.Philura A. Perry and others against the 0 ’Brien Lumber Company. While this suit was pending, the O’Brien Lumber Company brought a *242suit in equity against Philura A. Perry, Bert L. Perry and Milon F. Perry, and procured therein an injunction restraining the defendants from proceeding further with the suit at law, and an order directing that the matters in issue in that suit be tried out in the chancery suit. The defendants made an unsuccessful attempt to have the injunction dissolved;…
2Cases cited22 opinions
- Spencer v. WilliamsSupreme Court of Vermont · 1828
- Tinker v. MorrillSupreme Court of Vermont · 1866
- Adams v. FoxSupreme Court of Vermont · 1845
- Sibley v. StorySupreme Court of Vermont · 1836
- Allen v. ButlerSupreme Court of Vermont · 1837
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3Cited by4 opinions
- McCutcheon v. LeonardSupreme Court of Vermont · 1941
- Finn v. HoldenSupreme Court of Vermont · 1934
- Town of Lowell v. StannardSupreme Court of Vermont · 1916
- Vosburgh v. KimballSupreme Court of Vermont · 1973