Drake v. Mooney
Supreme Court of Vermont
Trespass for taking one mare, one horse, and one.double wagon. Plea, the general issue, and trial by jury, at the March Term, 1858, — Pierpoint, J., presiding.
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Trespass for taking one mare, one horse, and one.double wagon. Plea, the general issue, and trial by jury, at the March Term, 1858, — Pierpoint, J., presiding. The plaintiff, to make out his title to the property in question, introduced in evidence the record of a judgment in his favor against S. H. Langdon, rendered by confession, on the 10th of March, 1856, for four hundred and ninety-five dollars damages, and eight dollars and five cents cost; also the execution issued upon this judgment, with the officer’s return thereon, which set forth that on the 11th of March, 1856, the officer levied…
1Opinion of the CourtAldis, J.
The plaintiff made title to the personal property
seized through an officer’s return.
I. The plaintiff offered to show by parol, a sheriff’s sale made in a different manner from what appeared on the execution. The evidence so offered was rejected by the court.
It is said by the defendant’s counsel that this offer was too vague, and therefore properly excluded. If it was excluded on that ground the plaintiff’s counsel should have been so informed, that he might amend his offer by stating the facts to be proved with more precision; and its exclusion for that reason would, we think, have appeared…
2Cases cited1 opinion
- Beattie v. RobinSupreme Court of Vermont · 1829
3Cited by14 opinions
- McKinstry v. CollinsSupreme Court of Vermont · 1902
- McKinstry v. CollinsSupreme Court of Vermont · 1904
- Jewett v. GuyerSupreme Court of Vermont · 1865
- Burke v. AdairWest Virginia Supreme Court · 1883
- Dryden v. StephensWest Virginia Supreme Court · 1881
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