Bass v. Gay
Supreme Court of Vermont
Case on a receipt given to the plaintiff, a deputy sheriff, for property attached. The facts were agreed on as follows : On June 1, 1877, Morse Brothers & Co. sued out a writ of attachment against Charles E. Abbott, returnable before a justice of the peace on the 18th of the same month, and placed the same in the hands of the plaintiff for service ; and the plaintiff, on the same day, attached thereon,.as the property of Abbott, two wagons, a sleigh, and a harness, of the…
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Case on a receipt given to the plaintiff, a deputy sheriff, for property attached. The facts were agreed on as follows : On June 1, 1877, Morse Brothers & Co. sued out a writ of attachment against Charles E. Abbott, returnable before a justice of the peace on the 18th of the same month, and placed the same in the hands of the plaintiff for service ; and the plaintiff, on the same day, attached thereon,.as the property of Abbott, two wagons, a sleigh, and a harness, of the value of $205. The defendants thereupon receipted said property at the i-equest of Abbott, and took possession of it,…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
Upon the agreed statement of facts, the plaintiff’s right of recovery is made to depend upon the fact as to whether the execution issued upon the judgment in favor of Morse Brothers & Co. against Charles E. Abbott, was seasonably taken out and placed in the hands of an officer for collection, and the property named in the receipt given by the defendants demanded of them. Section 94, c. 33, Gen. Sts., provides that personal property attached on mesne process shall be held to respond to the judgment rendered on such process thirty days from the…
2Cases cited3 opinions
- State v. LindsaySupreme Court of Vermont · 1912
- Dewey v. FaySupreme Court of Vermont · 1861
- Webb v. HopkinsonSupreme Court of Vermont · 1838