Mott v. McNiel
Supreme Court of Vermont
IN ERROR. THE case below was trespass, for taking a cow and a heifer, which was brought by appeal from the judgment of a justice to the county court. [In the county court, there was first a plea in abatement, which was overruled, on the ground that it did not appear from the record, that such plea had been interposed before the magistrate.
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IN ERROR. THE case below was trespass, for taking a cow and a heifer, which was brought by appeal from the judgment of a justice to the county court. [In the county court, there was first a plea in abatement, which was overruled, on the ground that it did not appear from the record, that such plea had been interposed before the magistrate. This, though assigned as one cause of error, and relied upon in the argument by the counsel, is omitted, in as much as the court gave no opinion upon it.] Upon a respondeas ouster being awarded, the defendant below pleaded the general issue; and gave…
1Opinion of the CourtHutchinson, J.
On perusal of this writ of error, and the bill of exceptions therein recited, it appears that Mott, the plaintiff in error, was constable of the town of Alburgh, and, as such, took the property in question, by virtue of legal process to him direct-. *165ed, as tbe property of one Waggoner, who had once owned it, •and on whose farm it was found when taken by Mott. The dispute between the parties seems to have been, whether there had been such a sale of the property from Waggoner to McNiel, as vested the property in him, as against the creditors of Wag-goner ? Mott contended, that the sale was…
2Cited by3 opinions
- Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
- Daniels v. NelsonSupreme Court of Vermont · 1868
- Fuller v. SearsSupreme Court of Vermont · 1833