Legal Opinion

Judd v. Langdon

Supreme Court of Vermont

Decided January 15, 1833PublishedCited by 5 opinions

This action came up from the County Court, on "exceptions to the decision of said Court, upon a c^se agreed to by the parties. The case omits a statement of the defects in the officer’s return, by which he justified. This omission is, however, supplied in the argument of the counsel for the plaintiff.

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This action came up from the County Court, on "exceptions to the decision of said Court, upon a c^se agreed to by the parties. The case omits a statement of the defects in the officer’s return, by which he justified. This omission is, however, supplied in the argument of the counsel for the plaintiff. The following is the case agreed upon: This action is trespass, with force and arms, for taking and driving away from and out of the possession of the plaintiffs, two yearling colts, the property of the plaintiffs, on the 24th January, 1831. The defendant justified (a On the foregoing case…

1Opinion of the Court

The opinion of the Court was pronounced by

Hutchinson, C. J.

The defendant’s counsel have fully answered the plaintiffs’ objection to the defect in the defendant’s return upon the writ, Hall vs. Wilson. That writ not being returnable till after the present suit was commenced, the defendant can justify by the writ, without showing any return of the same. Moreover, that return has, pending this suit, answered Hall’s purpose, to obtain judgement against Wilson; and, till that judgement is reversed, must be binding against third persons, unless they can attack it with proof of fraud. Of that none…

2Cited by5 opinions

  1. Flanagan v. WoodSupreme Court of Vermont · 1860
  2. Whitney v. LyndeSupreme Court of Vermont · 1844
  3. Sleeper v. PollardSupreme Court of Vermont · 1856
  4. Foss v. TowneSupreme Court of Vermont · 1925
  5. Hunter v. WrightMassachusetts Supreme Judicial Court · 1866

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