Legal Opinion

Flanagan v. Hoyt

Supreme Court of Vermont

Decided January 15, 1864PublishedCited by 8 opinions

Trover. The parties in. this case mutually agreed to and admitted the following facts : The plaintiff, sheriff of Chittenden county, on the 9th of May, 1861, regularly attached the horses in question on a writ in favor of Wm. Scott against D. A. Danforth and E. M. Smalley, (the horses being Danforth’s property,) returnable to the September Term, 1861, of Chittenden county court.

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Trover. The parties in. this case mutually agreed to and admitted the following facts : The plaintiff, sheriff of Chittenden county, on the 9th of May, 1861, regularly attached the horses in question on a writ in favor of Wm. Scott against D. A. Danforth and E. M. Smalley, (the horses being Danforth’s property,) returnable to the September Term, 1861, of Chittenden county court. Due return was made of that process, judgment was recovered by Scott at the April Term, 1862, of said court for $80.61. (including damages and costs) and all necessary steps were seasonably taken to charge the…

1Opinion of the CourtBarrett, J.

Flanagan, as sheriff, attached the horses of Danforth on a writ against him; whereupon he and the defendant receipted the property in the ordinary manner, jointly and severally agreeing to keep it free of charge, and return it to the plaintiff on demand. After this, and before judgment in the suit on which the horses had been so attached, Livock, a deputy of the plaintiff, on an execution against Danforth, levied upon and sold the same horses, without the knowledge or consent of either the plaintiff or defendant, said horses being in Danforth’s possession. Judgment was duly obtained in said…

2Cases cited5 opinions

  1. Johnson v. EdsonSupreme Court of Vermont · 1827
  2. Shaw v. BaldwinSupreme Court of Vermont · 1860
  3. Bliss v. StevensSupreme Court of Vermont · 1831
  4. Davis v. MillerSupreme Court of Vermont · 1826
  5. Ayer v. JamesonSupreme Court of Vermont · 1837

3Cited by8 opinions

  1. Doe v. ForrestSupreme Court of Vermont · 2004
  2. State v. CameronSupreme Court of Vermont · 1967
  3. City of Duluth v. RossSupreme Court of Minnesota · 1918
  4. Zinkhan v. District of Columbia ex rel. LangellottiCourt of Appeals for the D.C. Circuit · 1921
  5. Lyman v. HolmesSupreme Court of Vermont · 1915

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