Dewey v. Fay
Supreme Court of Vermont
Trotee for certain property specified in a certain receipt, dated June 1, 1857, executed to the plaintiff by B. F. Fay and the defendant. Plea the'general issue, and trial by the court at the December term, 1859, — Kellogg, J., presiding.
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Trotee for certain property specified in a certain receipt, dated June 1, 1857, executed to the plaintiff by B. F. Fay and the defendant. Plea the'general issue, and trial by the court at the December term, 1859, — Kellogg, J., presiding. It appeared that one Patchin commenced a suit against B. F. Fay, returnable to the June term of the county court, 1857 ; that the writ was served on Fay by the plaintiff, as constable of the town of Bennington, on the first day of June, 1857, by attaching his property ; that thereupon Fay and the defendant executed and delivered to the plaintiff a receipt…
1Opinion of the CourtAldis, J.
By our system of attachment of personal property, the creditor must perfect his lien by obtaining judgment, taking out execution within thirty days, and delivering it to the officer who made the attachment, or demanding of him the property. Such delivery to or demand upon the officer within the thirty days is held to be a taking upon the execution within the meaning of the statute. C. S., § 88 of Chap. 81.
Must the execution be levied on the property, or demand made on the receiptors to charge them ? If the officer has the property in his hands, it is his duty to levy the execution upon it…
2Cited by2 opinions
- McDermott v. JaquithSupreme Court of Vermont · 1914
- Bass v. GaySupreme Court of Vermont · 1879