Wheeler v. Selden
Supreme Court of Vermont
Exceptions from the City Court of the city of Burlington,. Peck, J. The action was trover for the conversion of a buggy wagon. Pleas, the general issue, and justification under a writ of replevin. Judgment for the plaintiff. The defendant excepts. The case appears in the opinion. The defendant in good faith took the wagon as the agent of the wife, who claimed to own it. If she did own it, the defendant might, as her agent, lawfully take it.
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Exceptions from the City Court of the city of Burlington,. Peck, J. The action was trover for the conversion of a buggy wagon. Pleas, the general issue, and justification under a writ of replevin. Judgment for the plaintiff. The defendant excepts. The case appears in the opinion. The defendant in good faith took the wagon as the agent of the wife, who claimed to own it. If she did own it, the defendant might, as her agent, lawfully take it. Therefore he should have been permitted to show the fact of her ownership in defense-of the suit. 17 Yt. 101; 53 Yt. 678 ; 39 Yt. 62. The defendant had no…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The plaintiff as deputy sheriff on the first day of August, 1888, attached the wagon in question as the property of Gr.B. Arnold, and left it in the custody of James McKenzie. On the 8th day of August, 1888, the defendant, a constable of *311Burlington without State jurisdiction, claiming to act by virtue of a writ of replevin directed to him as an authorized person and in favor of Gf. B. Arnold and wife, claiming the wagon was-the property of the wife, and against the plaintiff, took the-wagon out of the possession of McKenzie. Said writ of…
2Cases cited3 opinions
- Collins v. SmithSupreme Court of Vermont · 1844
- Felker v. EmersonSupreme Court of Vermont · 1843
- Goodrich v. ChurchSupreme Court of Vermont · 1848
3Cited by2 opinions
- Cutler v. JenningsSupreme Court of Vermont · 1925
- McCutcheon v. LeonardSupreme Court of Vermont · 1941