Burroughs v. Wright
Supreme Court of Vermont
Trespass for taking certain personal property, described in tbe plaintiff’s declaration. Plea, the general issue, with notice of special matter of defence, and trial by jury, December Term, 1844,— Redfield, J., presiding. On trial the following facts appeared.
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Trespass for taking certain personal property, described in tbe plaintiff’s declaration. Plea, the general issue, with notice of special matter of defence, and trial by jury, December Term, 1844,— Redfield, J., presiding. On trial the following facts appeared. The defendant Wright, who was a deputy sheriff, held four writs of attachment against the-defendant Ramsay, in favor of Jacob C. Bean, John Bacon, John Kelly & Co. and the Farmer’s & Mechanics’ Co., — the three first of which were placed in his hands for service, and the fourth he held but could not serve, for the reason that he was one…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
Many of the questions involved in this case were decided by this court on the former hearing. 16 Vt. 619.
1. That no lien was created in favor of the Farmers’ & Mechanics’ Co. by the plaintiff’s service of their writ, as stated in that case. We do not think the difference in this case is important. It is true, that Wright could not have served that writ; but the plaintiff might have served them all; and if it was the desire of all concerned to have that writ served prior to Kittredge’s execution, they could have put the processes into the…
2Cases cited1 opinion
- Burroughs v. WrightSupreme Court of Vermont · 1844
3Cited by2 opinions
- Gleason v. BriggsSupreme Court of Vermont · 1855
- Adams v. LaneSupreme Court of Vermont · 1866