Legal Opinion

Nelson v. Denison

Supreme Court of Vermont

Decided March 15, 1843PublishedCited by 5 opinions

Trespass, brought to recover for a quantity of wheat and oats in the straw. Plea, the general issue, with notice of special matter, and trial by the court.

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Trespass, brought to recover for a quantity of wheat and oats in the straw. Plea, the general issue, with notice of special matter, and trial by the court. It appeared that the plaintiff, as deputy sheriff, attached the property in dispute as the property of one James Long, on two writs against him, one in favor of Allen Gould, dated September 3, 1840; and the other in favor of Seth Cushman, dated September 2, 1840, and both returnable before one Cummings, a justice of the peace, on the 28th day of November, 1840. The attachment was made by the plaintiff on the 4th day of September, 1840. The…

1Opinion of the Court

The opinion of the court was delivered by

Will/ams, Ch. J.

This was an action of trespass, brought by the plaintiff to recover of the defendant for a quantity of wheat and oats in the straw-, taken by the defendant. It appears that the plaintiff, who was specially deputed and authorized, on the 4th day of September, 1840, took the property in question, which belonged to one Long, by virtue of two writs of attachment, returnable before a justice of the peace, one in favor of Allen Gould, and the other in favor of Seth Cushman, against said Long, returnable the 28th day of the following November,…

2Cases cited1 opinion

  1. Sewell v. HarringtonSupreme Court of Vermont · 1839

3Cited by5 opinions

  1. Hammond & Draper v. Wilder & LockeSupreme Court of Vermont · 1853
  2. McKenzie v. RansomSupreme Court of Vermont · 1850
  3. Bank of Rutland v. ParsonsSupreme Court of Vermont · 1849
  4. Strong v. EdgertonSupreme Court of Vermont · 1850
  5. Sparhawk v. HallSupreme Court of Vermont · 1880

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