Taylor v. Nichols
Supreme Court of Vermont
Trover against the defendants as receiptors of sundry articles of personal property, attached by tbe plaintiff as sheriff of the county of Chittenden, on the 3d day of February, 1851, on a writ of attachment in favor of Henry B. Hine against the defendant Nichols. Plea, the general issue; trial by the court, March Term, 1856, — Peck, J., presiding.
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Trover against the defendants as receiptors of sundry articles of personal property, attached by tbe plaintiff as sheriff of the county of Chittenden, on the 3d day of February, 1851, on a writ of attachment in favor of Henry B. Hine against the defendant Nichols. Plea, the general issue; trial by the court, March Term, 1856, — Peck, J., presiding. The attachment of the property by tbe plaintiff, and all the subsequent steps necessary by law" to preserve the lien, if any was created by the attachment, including demand and refusal, were admitted. It was also admitted, that on the first Tuesday…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
Two questions are made in the present case.
I. Is this action one in .which it is competent for the defendants to defend upon the ground that the plaintiff, who made the attachment, was not properly qualified to act as sheriff at the time he made it, he being admitted to have been fully in the exercise of the office de facto.
It is true that the action is in the sheriff’s name, and is one in which he is primarily interested, and one which could not have been brought in the name of the creditor. But nevertheless it is one in which the…
2Cited by2 opinions
- State v. BatesSupreme Court of Vermont · 1863
- Wing v. GleasonSupreme Court of Vermont · 1863