Mussey v. Perkins
Supreme Court of Vermont
Trover for 180 cords of wood. Plea, not guilty; and trial by the court by the consent of the parties, September Term, 1863, — Kellogg, J., presiding. The court rendered a judgment in favor of the plaintiff, for •$104.50, damages, under a rule that execution should not issue on the judgment until the lien of the attachment on said wood, in the suit against the plaintiff should be satisfied or otherwise determined. Exceptions by the defendant.
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Trover for 180 cords of wood. Plea, not guilty; and trial by the court by the consent of the parties, September Term, 1863, — Kellogg, J., presiding. The court rendered a judgment in favor of the plaintiff, for •$104.50, damages, under a rule that execution should not issue on the judgment until the lien of the attachment on said wood, in the suit against the plaintiff should be satisfied or otherwise determined. Exceptions by the defendant. The facts sufficiently appear in the opinion of the court. The wood at the time of the conversion was in the custody and possession of the sheriff, and…
1Opinion of the CourtBarrett, J.
The plaintiff owned the wood in question. It was attached by leaving a copy in the town clerk’s office, without other act by the attaching officer. While the suit Was pending on which it had been attached, the defendant, though expressly forbidden by the plaintiff, drew away the wood and disposed of it.
It is claimed by the defendant that the attachment so operated upon the custody and right of possession of the property as to preclude the plaintiff from a right to maintain this action.
It is unquestionable that the sheriff had such a right of possession that he might have maintained an action…
2Cases cited3 opinions
- Johnson v. EdsonSupreme Court of Vermont · 1827
- Lowry v. WalkerSupreme Court of Vermont · 1831
- Blodgett v. AdamsSupreme Court of Vermont · 1851
3Cited by2 opinions
- State ex rel. Auto Loan Co. v. JenningsOhio Supreme Court · 1968
- Roberts v. CarpenterSupreme Court of Vermont · 1881