Putnam v. Clark
Supreme Court of Vermont
Teesfass for a quantity of hay and grain in the straw. Plea, not guilty, and issue to the court. The case was tried upon the following statement of facts'agreed to by the parties. “The hay and grain mentioned in the plaintiff’s declaration was, on the 8th day of January, 1842, situated in the barn ofWm. Jewell, in Guildhall, about five miles from the town clerk’s office in said Guildhall, and was the property of said Jewell.
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Teesfass for a quantity of hay and grain in the straw. Plea, not guilty, and issue to the court. The case was tried upon the following statement of facts'agreed to by the parties. “The hay and grain mentioned in the plaintiff’s declaration was, on the 8th day of January, 1842, situated in the barn ofWm. Jewell, in Guildhall, about five miles from the town clerk’s office in said Guildhall, and was the property of said Jewell. The plaintiff, on said 8th day of January, was, and, until March after, continued to be, constable of Lunenburgh, with authority to' serve writs through the county. On…
1Opinion of the Court
*87The opinion of the court was delivered by
Williams, Ch. J.
To constitute an attachment of "property, it is necessary that the attaching officer take the same into his custody and possession. After the attachment, the officer must give notice to the debtor by delivering a copy, according to the requisition of the statute, before the time of service is out, or he will be considered as abandoning the attachment, and might possibly be treated as a trespasser ah initio. Between the time of attaching and delivering the copy, the officer must be considered as having a title to the property, and his…
2Cases cited1 opinion
- Lowry v. WalkerSupreme Court of Vermont · 1831
3Cited by1 opinion
- Scott v. Manchester Print WorksSupreme Court of New Hampshire · 1860