Perry v. Shumway
Supreme Court of Vermont
Trover. Plea the general issue with notice. Trial by jury, Windham County, September Term, 1900, Watson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The plaintiff's evidence tended to show that the defendant sold at auction sheep belonging to the plaintiff and that such selling constituted the trover for which the action was brought.
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Trover. Plea the general issue with notice. Trial by jury, Windham County, September Term, 1900, Watson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The plaintiff's evidence tended to show that the defendant sold at auction sheep belonging to the plaintiff and that such selling constituted the trover for which the action was brought. The defendant’s evidence tended to show that the plaintiff was elected collector of taxes for the town of Stratton, received the tax bill and collected some of the taxes; that extent proceedings were instituted against him; that…
1Opinion of the CourtRowell, J.
The exception to the refusal to charge that the defendant was justified in selling the property on the mortgages as his testimony tended to show he did — the regularity of the sale not being controverted' — raises the question of the effect of the extent proceedings, and that question is, Does the issuing of an extent against a delinquent town tax-collector without more, bar the town from foreclosing chattel mortgages given by such collector to secure his official bonds covering the delinquency embraced in the extent ? The trial court held that it did, on the strength of Hartland v. Hackett,…
2Cases cited3 opinions
- White v. WhiteSupreme Court of Vermont · 1896
- Town of Hartland v. HackettSupreme Court of Vermont · 1884
- Sheeran v. SparhawkSupreme Court of Vermont · 1896
3Cited by7 opinions
- Davis v. HauschildSupreme Court of Missouri · 1951
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
- Riley v. Cumberland & Manchseter Railway Co.Court of Appeals of Kentucky (pre-1976) · 1930
- Myers v. RossDistrict Court, S.D. Florida · 1935
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
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