Sewell v. Harrington
Supreme Court of Vermont
This was an action of trespass for taking a wagon. Plea, not guilty, with notice of special matter. Trial by - the court.
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This was an action of trespass for taking a wagon. Plea, not guilty, with notice of special matter. Trial by - the court. On' trial, in the county court, the plaintiff offered in evidence an execution in favor of George Miller v. James H. Clark, issued on a judgment rendered by Joseph Sewell, justice of the peace, the 11th of July, 1836, for $¡>58,76 damages and $¡>2,63 costs of suit, together with evidence that about one week before the taking of said wagon by the defendant, it was discovered by the witness, early t . / . in the morning, standing under witness’ shed, near his barn ; and the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The case, as drawn up, presents but two questions. 1. Whether the plaintiff had the wagon in his possession by virtue of the execution issued on the judgment in favor of Miller against Clark; and, 2. whether the execution was so far void that the defendant was justified in taking the property in question from the plaintiffs possession by virtue of the execution in favor of Leffingwell against Clark. On the first question, it may be remarked, that as the trial of the issue was by the court, it is to be inferred that the fact of…
2Cited by2 opinions
- Nelson v. DenisonSupreme Court of Vermont · 1843
- Gibbs v. ChaseMassachusetts Supreme Judicial Court · 1813