Slate v. Barker
Supreme Court of Vermont
Trespass for 40 stoves and certain other articles of personal property. The case was referred under rule of court, and the referee reported in substance, the following facts: That the plaintiff, who was a deputy sheriff for the county of Windham, on the second day of January, 1851, received sundry writs of attachment against one Robert W. Wiley; and that by virtue thereof the plaintiff attached the 40 stoves named in the declaration as the property of said Wiley.
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Trespass for 40 stoves and certain other articles of personal property. The case was referred under rule of court, and the referee reported in substance, the following facts: That the plaintiff, who was a deputy sheriff for the county of Windham, on the second day of January, 1851, received sundry writs of attachment against one Robert W. Wiley; and that by virtue thereof the plaintiff attached the 40 stoves named in the declaration as the property of said Wiley. That judgment ■ was confessed upon the suits on the fourth day of February, 1851, and the executions put into plaintiff’s hands the…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The inquiry in this case arises upon the validity of the plaintiff’s attachment. If that was legal, and has not been in any way abandoned or relinquished, the property was wrongfully taken by the defendants, and the plaintiff is entitled to recover its value. It is insisted that the plaintiff, after his attachment, neglected to take the property into his custody and possession, in a manner to exclude it from the possession of Wiley, and that, for *651that reason, it was lawfully taken by the defendants on their writs, as his property.
In the case…
2Cases cited5 opinions
- Mills v. CampSupreme Court of Connecticut · 1841
- Lane v. JacksonMassachusetts Supreme Judicial Court · 1809
- Newton v. AdamsSupreme Court of Vermont · 1832
- Denny v. WarrenMassachusetts Supreme Judicial Court · 1820
- Lyon v. RoodSupreme Court of Vermont · 1840
3Cited by2 opinions
- In re BrooksDistrict Court, D. Vermont · 1898
- Dudley v. Lamoille Co. Nat. BankUnited States Circuit Court · 1882