Kilburn v. Demming
Supreme Court of Vermont
This was an action of trespass for taking and carrying away a certain instrument or apparatus for spinning and manufacturing cloth, called a Billy and Jenny, to which the defendant pleaded the general issue, with notice of his having caused the said spinning instrument or apparatus to be attached at his suit on a writ of attachment against the said Alphonzo Kilburn, returnable &c. The issue was by agreement of parties set to the court for trial.
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This was an action of trespass for taking and carrying away a certain instrument or apparatus for spinning and manufacturing cloth, called a Billy and Jenny, to which the defendant pleaded the general issue, with notice of his having caused the said spinning instrument or apparatus to be attached at his suit on a writ of attachment against the said Alphonzo Kilburn, returnable &c. The issue was by agreement of parties set to the court for trial. The plaintiff having proved his property and possession in the said Billy and Jenny at the time of the taking complained of, and that the defendant…
1Opinion of the Court
The opinion of the Court was delivered by.
Prentiss, J.
The statute, directing the levying and serving of executions, exempts from execution, “ one cow, and such suitable apparel, bedding, tools, arms, and articles of household furniture, as may be necessary for upholding life.” — (Comp. Stat. p. 20S. s. 1.) — Though the exemption, in terms, is confined to executions, yet as the object of an attachment is to take property to be sold on execution in satisfaction of the judgment which may be recovered, chattels, which cannot lawfully be seized and sold on execution, cannot lawfully be attached.
Whe…
2Cases cited2 opinions
- Buckingham v. BillingsMassachusetts Supreme Judicial Court · 1816
- Dailey v. MayMassachusetts Supreme Judicial Court · 1809
3Cited by3 opinions
- Dow v. SmithSupreme Court of Vermont · 1835
- Spooner v. FletcherSupreme Court of Vermont · 1830
- Henry v. SheldonSupreme Court of Vermont · 1862