Evarts v. Hyde
Supreme Court of Vermont
Case with counts in trespass and trover to recover the value of certain property sold by one Burgess, as constable, on an execution issued on a judgment in favor of the defendant, administrator of Alvin Hyde’s estate, against the plaintiff and one J. T. Evarts. Plea, the general issue, and notice of special matter. Trial by the court at the April Term, 1877, Franklin County, Royce, J., presiding.
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Case with counts in trespass and trover to recover the value of certain property sold by one Burgess, as constable, on an execution issued on a judgment in favor of the defendant, administrator of Alvin Hyde’s estate, against the plaintiff and one J. T. Evarts. Plea, the general issue, and notice of special matter. Trial by the court at the April Term, 1877, Franklin County, Royce, J., presiding. It appeared that the action in which the judgment was recovered was brought in May, 1873, by a writ served by Burgess on the 17th of that month, and returnable to the ensuing September Term of the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is an action on the case, with counts in trespass and trover, in which plaintiff seeks to recover the value of certain property sold by the officer on an execution in favor of the defendant against the plaintiff and another. The plaintiff claims that the sheriff’s sale was irregular and void for want of legal notice as to part of the property sold, valued at $478.25, and that the sale was altogether void by reason of the plaintiff’s bankruptcy and discharge therein. Recovery has been had against the officer for this part of the…
2Cases cited7 opinions
- Hyde v. CooperSupreme Court of Vermont · 1854
- Downer v. RowellSupreme Court of Vermont · 1854
- Harrington v. McNaughtonSupreme Court of Vermont · 1848
- Palmer v. MerrillSupreme Judicial Court of Maine · 1869
- State's Treasurer v. HolmesSupreme Court of Vermont · 1832
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
- Cole v. EdwardsNebraska Supreme Court · 1897
- Russell v. WalkerMassachusetts Supreme Judicial Court · 1890
- Walker & Co. v. NorrisAlabama Court of Appeals · 1913
- Follett v. ShumwaySupreme Court of Vermont · 1895