Goodrich v. Church
Supreme Court of Vermont
Tiiespass for taking a quantity of goods, wares and merchandise. Plea, the general issue, and trial by the court, December Term, 1845, — Bennett, J., presiding, — upon a case stated by the parties, which was in substance as follows.
Read the full summary
Tiiespass for taking a quantity of goods, wares and merchandise. Plea, the general issue, and trial by the court, December Term, 1845, — Bennett, J., presiding, — upon a case stated by the parties, which was in substance as follows. The plaintiff, as constable, attached the property in question, as the property of Artemas Nixon, Jr., upon two writs of attachment in favor of John Nixon against him, which writs were returnable to Addison county court, December Term, 1844; and he secured the property by locking it up in the store, where it had been previously kept, and by safely fastening all…
1Opinion of the Court
The opinion of the court was delivered by
B.edfield, J.
The question in this case is one, which, sub silen-tio for the most part, perhaps, but for a very great number of years, has been considered as perfectly settled. The case of Clark v. Washburn, 9 Vt. 302, is considered by the court as deciding the only point involved in the present case.
The statute, also, is perfectly explicit, that, “ unless the plaintiff shall, within thirty days from the time of rendering final judgment, take such property in execution, the same shall be discharged from such process.'” This property was not taken in…
2Cases cited2 opinions
- Bridges v. PerrySupreme Court of Vermont · 1842
- Clark v. WashburnSupreme Court of Vermont · 1837
3Cited by1 opinion
- Wheeler v. SeldenSupreme Court of Vermont · 1890