Spaulding v. Robbins
Supreme Court of Vermont
EjecíríenT for an. undivided portion of a dwelling-bouse and garden in Lndlow. Plea, tbe general issue. Trial by jury, December term, 1868, Barrett, J., presiding.
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EjecíríenT for an. undivided portion of a dwelling-bouse and garden in Lndlow. Plea, tbe general issue. Trial by jury, December term, 1868, Barrett, J., presiding. The plaintiff gave evidence of title, to the premises in controversy, in Shepherd Adams, in the spring of 1851, and an execution on a judgment in favor of the plaintiff against said Adams for $479.43, with costs, dated November 10, 1857¿ which judgment was rendered by Windsor county court, May term, 1857. It was admitted that the premises were attached on the original writ, February 15, 1853, and a levy on said premises of November…
1Opinion of the Court
*93The opinion of the court was delivered by
Steele, J.
I. Under the authority of the case Harrison v. Nichols, 31 Vt., 709, it is clear that the objection to the form of the caption of the deposition of Adams was properly overruled.
II. The objection to the execution was not well taken. The statute, which was in force at the time it issued, required all executions issued by a justice for more than fifty-three dollars damages to be made returnable in one hundred and twenty days. There was a period before the statute settled into this form when executions for more than that sum were issued for sixty…
2Cases cited1 opinion
- Harrison v. NicholsSupreme Court of Vermont · 1859
3Cited by3 opinions
- Ford v. H. W. Dubiskie & Co.Supreme Court of Connecticut · 1927
- Freedman v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
- Pitts v. Howe Scale Co.Supreme Court of Vermont · 1938