Legal Opinion

Carpenter v. Snell' Estate

Supreme Court of Vermont

Decided August 15, 1864PublishedCited by 1 opinion

Appeal from the decision of commissioners disallowing a claim presented by the plaintiff. The plaintiff declared in special assumpsit. Plea, the general issue. Trial by the court, June Term, 1864, Poland, Ch. J., presiding. Upon the facts as set forth in the opinion of the court, the county court rendered judgment for the defendant, — to which the plaintiff excepted.

1Opinion of the CourtKellogg, J.

This is an appeal from the disallowance of a claim by commissioners, and the plaintiff’s declaration is in special assumpsit on a receipt given to him by Eunice Snell, the intestate, for property which he had attached as an officer in a suit between other parties. The property which was attached was duly charged in execution, so far as it was necessary to fix the liability of the officer to the creditor for it, but this is a suit between the officer and receiptor, and not in favor of the creditor against the officer. Before the recovery of judgment in the suit on which the attachment was…

2Cases cited2 opinions

  1. Bliss v. StevensSupreme Court of Vermont · 1831
  2. Page v. ThrallSupreme Court of Vermont · 1839

3Cited by1 opinion

  1. McDermott v. JaquithSupreme Court of Vermont · 1914

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