Paul v. Slason
Supreme Court of Vermont
Trespass for taking two cords of wood, two baskets, two pitch* forks, two horses, one harness, and one wagon. Plea, the general issue, with notice, that the defendant Charles H. Slason attached the property by virtue of a writ, which he was legally deputised to serve, in favor of one Langdon against the plaintiff, and that the other defendants aided him in so doing, at his request. Trial by jury, September Term, 1848, — Hall, J., presiding.
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Trespass for taking two cords of wood, two baskets, two pitch* forks, two horses, one harness, and one wagon. Plea, the general issue, with notice, that the defendant Charles H. Slason attached the property by virtue of a writ, which he was legally deputised to serve, in favor of one Langdon against the plaintiff, and that the other defendants aided him in so doing, at his request. Trial by jury, September Term, 1848, — Hall, J., presiding. On trial it appeared, that on the twenty sixth day of September, 1844, the defendant Francis Slason commenced a suit in the name of Benjamin F. Langdon…
1Opinion of the Court
*236The opinion of the court was delivered by
Poland, J.
The first question, arising in this ease, is in relation to the charge of the county court to the jury as to the use of the horse, wagon and harness by the defendants, in removing the other property of the plaintiff, which was attached at the same time. The jury were charged, that if they were only used in removing the other property, and were not injured or lessened in value thereby, such use would not make the defendants trespassers ah initio.
It was an early doctrine of the common law, that when a party was guilty of an abuse of authority…
2Cases cited2 opinions
- Nye v. KellamSupreme Court of Vermont · 1846
- Lamb v. Day & PeckSupreme Court of Vermont · 1836
3Cited by12 opinions
- White v. Rio Grande Western Railway Co.Utah Supreme Court · 1903
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MumfordIndiana Supreme Court · 1935
- Kenney v. New York Central & Hudson River RailroadNew York Supreme Court · 1888
- Ladd v. NewellSupreme Court of Minnesota · 1885
- Hall v. RaySupreme Court of Vermont · 1868
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