Legal Opinion

Paul v. Burton

Supreme Court of Vermont

Decided May 15, 1859PublishedCited by 7 opinions

Trover for one hundred forty-five tons of coal and one hundred twenty-six and a half cords of wood. Plea the general issue, and trial by the court at the September Term, 1858, in Chittenden County,' — Bennett, J., presiding.

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Trover for one hundred forty-five tons of coal and one hundred twenty-six and a half cords of wood. Plea the general issue, and trial by the court at the September Term, 1858, in Chittenden County,' — Bennett, J., presiding. On trial the plaintiff introduced as evidence a receipt for the property mentioned in the declaration, described as attached by the plaintiff, as sheriff, on two writs, one in favor of Wires & Peek v. B. London & Co., and the other in favor of the Farmers & Mechanics’ Bank v. Wpi. H. Wilkins. This receipt was dated February 12th, 1855, was signed by the defendants, and…

1Opinion of the Court

Pierpoint J.

The first question raised by the defendants is, as to the validity o'f the judgment in favor of Wires & Peck v. R. Landon & Co., under the proceedings in which the property was attached.

The suit was brought originally in the county court, the plaintiff there claiming in damages only one hundred dollars, there being no allegation in the writ or declaration, as to the amount of the debtor side of the plaintiff’s account; but no motion to dismiss -or objection was made to the proceeding on that account. The matter was referred to an auditor, who made his report of the accounts of the…

2Cases cited2 opinions

  1. Fletcher v. ColeSupreme Court of Vermont · 1852
  2. Bates v. DownerSupreme Court of Vermont · 1832

3Cited by7 opinions

  1. Pond v. BakerSupreme Court of Vermont · 1885
  2. West River Bank v. GorhamSupreme Court of Vermont · 1866
  3. Keniston v. StevensSupreme Court of Vermont · 1894
  4. Rogers v. Town of FairfieldSupreme Court of Vermont · 1864
  5. Rodrigue v. BironSupreme Court of Vermont · 1986

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