Legal Opinion

Prescott v. Starkey

Supreme Court of Vermont

Decided October 3, 1898Published

Replevin. Plea, the general issue. Trial by jury, at the March term, 1898, Windham county, Taft, J., presiding. Verdict and judgment for the defendants. The plaintiff excepted.

1Concurrence

Tyler, J.,

with whom concurs

2DissentThompson, J.

I am not able to agree with the majority of the court in the disposition of this case. I concede, however, that, if the latter part of § 1470 relates to exempt property, the debtor *121is excluded from the use of the action of replevin; but whether it does relate to such property or not is a fair question for discussion. The precise question has never before been considered by the court. In Sullivan v. Davis, 50 Vt. 648, and in Steele v. Lyford, 59 Vt. 230, the action was replevin against officers for exempt property that had been taken by them on mesne process, as in…

3Cases cited7 opinions

  1. Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
  2. Gilman v. WilliamsWisconsin Supreme Court · 1859
  3. Clark v. SkinnerNew York Supreme Court · 1823
  4. Driscoll v. PlaceSupreme Court of Vermont · 1872
  5. Briggs v. GleasonSupreme Court of Vermont · 1856

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