Jewett v. Guyer
Supreme Court of Vermont
Trespass for taking and carrying away a quantity of hay. Plea, the general issue, and notice of special matter. Trial by jury, De„ cember Term, 1863, Aldis, J., presiding.
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Trespass for taking and carrying away a quantity of hay. Plea, the general issue, and notice of special matter. Trial by jury, De„ cember Term, 1863, Aldis, J., presiding. It appeared that prior to the 9th of May, 1861, one Eli Jewett owned a farm consisting of two lots, one on each side of the highway, and upon one, called the Hogg lot, stood his house, and upon the other, called the Campbell lot, stood his barn; that in De cember, 1860, Charles Jewett, Jr., recovered judgment agains^ said Eli and took out execution, and the same was duly levied upon the Campbell lot upon which said Eli’s…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
We think that no question necessarily arises in this case in respect to the validity of the attachment of the hay in controversy, made on the original writ in favor of Powers, the execu*214tion creditor, against Eli Jewett, the execution debtor, because the creditor had just as good a right to levy his execution on the hay as he had to attach it on the original writ in the first instance. If there was such a taking of the property by the officer on the execution as would be sufficient for a good levy, it is immaterial whether this levy was made…
2Cases cited7 opinions
- McClary v. BixbySupreme Court of Vermont · 1863
- Drake v. MooneySupreme Court of Vermont · 1859
- Foster v. McGregorSupreme Court of Vermont · 1839
- Wood v. DoaneSupreme Court of Vermont · 1848
- Fletcher v. ColeSupreme Court of Vermont · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- McKinstry v. CollinsSupreme Court of Vermont · 1902
- McKinstry v. CollinsSupreme Court of Vermont · 1904
- Leavitt v. JonesSupreme Court of Vermont · 1882
- In Re DetkoUnited States Bankruptcy Court, D. Vermont · 2003
8 more not listed; retrieve them via the Exa API.