Mundell v. Hammond
Supreme Court of Vermont
This is an action in trespass, with a count in trover, for three tons of hay. Plea, the general issue, and trial by jury at the September Term, 1867, Barrett, J., presiding. The following facts, among others, appeared at the trial: December 19th, 1366, the plaintiff was possessed of the hay in controversy. On that day the defendant, against the will of the plaintiff, took and carried away said hay.
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This is an action in trespass, with a count in trover, for three tons of hay. Plea, the general issue, and trial by jury at the September Term, 1867, Barrett, J., presiding. The following facts, among others, appeared at the trial: December 19th, 1366, the plaintiff was possessed of the hay in controversy. On that day the defendant, against the will of the plaintiff, took and carried away said hay. December 15th, 1866, one E. A. Plimpton, executor, sued the plaintiff, and attached all the hay in the plaintiff’s barns. His suit was entered in court, and final judgment was obtained by said…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The action is trover for three tons of hay, for which the plaintiff recovered judgment in the county court. The only question made in this court is, whether the county court erred in staying execution upon a supposed liability of the defendant to an officer who attached the hay in question, with the residue of the plaintiff’s hay, in a suit of one Plimpton against this plaintiff, four days before the conversion of the hay in question by the defendant.
If the hay in question was exempt from attachment, the defendant was not liable to the officer,…
2Cases cited2 opinions
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