Dean v. Bailey
Supreme Court of Vermont
This was an action of book account, originally commenced before a justice of the peace, and came, by appeal, to the county court.
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This was an action of book account, originally commenced before a justice of the peace, and came, by appeal, to the county court. Judgment to account having been rendered, an auditor was appointed, who reported, that the account of the plaintiff consisted of a charge for keeping a mare from some of the first days of June, 1835, to March, 1837, and a colt about eight months; that, in March, 1833, the defendant delivered to the plaintiff, who was then constable of Bakersfield, a writ of attachment in favor of the defendant against one James Smith, and directed the plaintiff to make service of…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
— When personal property is attached, it is to be kept, by the officer, at the the expense of the debtor. The debtor, if unwilling to incur this expense, must replevy or procure it receipted ; which he is as much bound to do as he is to procure bail, when his body is arrested, if he would avoid prison charges. If the officer afterwards receives an execution, he sells the property and takes his pay for the expense of keeping, out of the money so received, and applies the balance on the execution. Thus the debtor pays for the keeping. If the…
2Cited by3 opinions
- State v. TapackSupreme Court of New Jersey · 1909
- Felker v. EmersonSupreme Court of Vermont · 1844
- Templeton v. Capital Savings Bank & Trust Co.Supreme Court of Vermont · 1904