Legal Opinion

State v. Buchanan

Supreme Court of Vermont

Decided March 15, 1845PublishedCited by 4 opinions

Indictment for an assault and battery upon the person of one John D. Whitehill. On trial evidence was given, upon the part of the prosecution, tending to prove that certain writs of attachment, in favor of Jonathan Darling against one Charles Davis, were put into the hands of the said Whitehill to serve and return, — he being an indifferent person, and specially authorized to serve the said writs by the justice signing the same; that Whitehill entered a store in Groton,…

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Indictment for an assault and battery upon the person of one John D. Whitehill. On trial evidence was given, upon the part of the prosecution, tending to prove that certain writs of attachment, in favor of Jonathan Darling against one Charles Davis, were put into the hands of the said Whitehill to serve and return, — he being an indifferent person, and specially authorized to serve the said writs by the justice signing the same; that Whitehill entered a store in Groton, formerly occupied by the said Charles Davis, and, by direction of the said Darling, attached the goods in said store as the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The question how far an officer, about to make an attachment of personal property upon process against one having in fact no attachable interest in the same, may lawfully be resisted by the real owner of the property has been settled in this state by repeated decisions; State v. Downer et al., 8 Vt. 424; State v. Miller, 12 Vt. 37; and the same doctrine distinctly recognized in the case of Merritt v. Miller, 13 Vt. 416. From tÉese cases it being fully determined that such resistance against the attachment is unlawful, it must follow that a…

2Cases cited2 opinions

  1. State v. DownerSupreme Court of Vermont · 1836
  2. Merritt v. MillerSupreme Court of Vermont · 1841

3Cited by4 opinions

  1. State v. RichardsonSupreme Court of New Hampshire · 1859
  2. Brownell v. DurkeeWisconsin Supreme Court · 1891
  3. Wakefield v. FairmanSupreme Court of Vermont · 1868
  4. People v. HallNew York Supreme Court · 1883

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