Allen v. Drew
Supreme Court of Vermont
Replevin of one bale of buffalo robes. The defendant filed an avowry, justifying the taking, to which the plaintiff filed a general demurrer.
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Replevin of one bale of buffalo robes. The defendant filed an avowry, justifying the taking, to which the plaintiff filed a general demurrer. The court at the April term, 1871, Pierpoint, C. J. presiding, pro forma, sustained the demurrer, and held the avowry insufficient, and rendered judgment for the plaintiff for one cent damages and his costs ; to which judgment the defendant excepted. •The facts as set forth in the avowry are briefly these : 1st. That the city owned the water-works, for the purpose of supplying the city and its inhabitants, and the owners of real es-táte, with water, for…
1Opinion of the Court
The opinion of the court was delivered by
Redefield, J.
This action was replevin for a bale of robes, taken by the defendant, as constable and collector, upon a warrant and rate-bill for “ water-rents,” in the city of Burlington.
The defendant, in his avowry, avers in justification of the taking of the property, that plaintiff was the owner of several houses and vacant house-lots in said city; that the city, having been fully authorized by its charter so to do, had extended water-pipes along the streets upon which the plaintiff’s lots abutted ; that the city, by ordinance, under the act of the…
2Cases cited1 opinion
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
3Cited by33 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- Youngblood v. SextonMichigan Supreme Court · 1875
- Spring Street Co. v. City of Los AngelesCalifornia Supreme Court · 1915
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- Speer v. Mayor of AthensSupreme Court of Georgia · 1890
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