Parker v. Wilson
Supreme Court of Vermont
Trover for tbe conversion of a horse. Heard at tbe December Term of tbe Caledonia County Court, 1887, Taft, J., presiding, upon referee’s report, and exceptions of tbe plaintiff" thereto. 'Judgment for tbe defendant. The plaintiff excepts.. Tbe facts appear in the opinion. The court which adjudged the plaintiff liable as the trustee of' Ihe defendant had jurisdiction of the parties and the subject matter; hence its judgment is binding, and cannot be attacked collaterally.
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Trover for tbe conversion of a horse. Heard at tbe December Term of tbe Caledonia County Court, 1887, Taft, J., presiding, upon referee’s report, and exceptions of tbe plaintiff" thereto. 'Judgment for tbe defendant. The plaintiff excepts.. Tbe facts appear in the opinion. The court which adjudged the plaintiff liable as the trustee of' Ihe defendant had jurisdiction of the parties and the subject matter; hence its judgment is binding, and cannot be attacked collaterally. Usher v. Williams, 56 Yt. 587 ; Porter v. Gile,. 47 Yt. 620 ; Tappan v. Nutting, Bray. 137; Stearns v. Stearns, 32 Yt. 678…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was an action of trespass and trover for taking and converting one horse. It was found by the referee that on the 31st of August, 1885, the defendant sold said horse to the plaintiff, and, in payment received of the plaintiff his note for $115, payable to the defendant, or bearer, in monthly installments, and his contract that the horse was to be and remain the •property of the defendant until the note and interest should be paid.
On the same day the defendant transferred the note to one Bugbee to apply on a note that Bugbee held…
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