Sanborn v. Hamilton
Supreme Court of Vermont
Trover for a cow. The defendant pleaded in abatement, that the action was commenced against him for taking, as deputy sheriff, the plaintiff’s only cow, and that the writ was not served upon him eighteen days before the return day. To this plea the plaintiff demurred, and the court adjudged the plea insufficient. Exceptions by defendant. The defendant then pleaded the general issue. Trial by jury, — Royce, J., presiding.
Read the full summary
Trover for a cow. The defendant pleaded in abatement, that the action was commenced against him for taking, as deputy sheriff, the plaintiff’s only cow, and that the writ was not served upon him eighteen days before the return day. To this plea the plaintiff demurred, and the court adjudged the plea insufficient. Exceptions by defendant. The defendant then pleaded the general issue. Trial by jury, — Royce, J., presiding. On trial, the taking of the cow by the defendant having been proved, the defendant proved, that he took the cow, as deputy sheriff, by virtue of legal process against the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The principles, which must govern the decision of this case, have been so fully established in repeated cases, that it is only necessary to refer to them, in order to determine this case.
In the case of Dow v. Smith, 7 Vt. 465, it was decided, that for taking property in execution, which, by statute, is exempt, trespass is the proper action.
In the case of Johnson v. Rice, 14 Vt. 391, it was determined, that, in an action of trespass against an officer, for taking property on an execution not against the plaintiff, but twelve days notice…
2Cases cited2 opinions
- Dow v. SmithSupreme Court of Vermont · 1835
- Johnson v. RiceSupreme Court of Vermont · 1842
3Cited by4 opinions
- Florida Loan & Trust Co. v. CrabbSupreme Court of Florida · 1903
- Webster Wagon Co. v. Home InsuranceWest Virginia Supreme Court · 1885
- Meadow v. WiseSupreme Court of Arkansas · 1883
- Gay v. SouthworthMassachusetts Supreme Judicial Court · 1873