Allen v. Butler
Supreme Court of Vermont
This was an action on a receipt-, executed to plaintiff, in his official character of sheriff’of Chittenden County,/or goods and merchandise, taken on a writ of attachment, in favor of Emerson & Harvey, against A. W. Butler and H. L. Peaslee, two of the defendants. The receipt was also signed by L. G. Butler, who was joined in the suit, and pleaded bis infancy, specially. The four first defendants pleaded the general issue, with notice.
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This was an action on a receipt-, executed to plaintiff, in his official character of sheriff’of Chittenden County,/or goods and merchandise, taken on a writ of attachment, in favor of Emerson & Harvey, against A. W. Butler and H. L. Peaslee, two of the defendants. The receipt was also signed by L. G. Butler, who was joined in the suit, and pleaded bis infancy, specially. The four first defendants pleaded the general issue, with notice. The jury returned a verdict against A. W. Butler, Tyler, Peaslee, ánd Sinclear, and in favor of L. G. Butler, on his special plea. The defendants introduced…
1Opinion of the Court
The opinion of the Court was delivered by
Williams, Ch. J.
It has been settled by repeated adjudications in this state, that, in an action by the sheriff against the receiptor of goods, returned as attached, the latter cannot, in defence, allege the want of a delivery of the goods to him, or that no such goods were attached. He is precluded from such defence, by the acknowledgment in the receipt. However strong may be the objections against the propriety of the proceeding, on the part of' an officer, who returns an attachment of goods, of which he never took the possession, or which never had…
2Cases cited2 opinions
- Smith v. Indianapolis, Peru & Chicago Railway Co.Indiana Superior Court · 1871
- Beach v. AbbottSupreme Court of Vermont · 1832
3Cited by7 opinions
- Bell v. ShaferWisconsin Supreme Court · 1883
- Brown v. GleedSupreme Court of Vermont · 1860
- Foster v. DavenportSupreme Court of Iowa · 1899
- McDermott v. JaquithSupreme Court of Vermont · 1914
- Stannard v. TillotsonSupreme Court of Vermont · 1914
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