Hackett v. Amsden
Supreme Court of Vermont
Trespass de bonis. Plea, general issue, and notice of justification under extents. Heard by the court, December Term, 1884, Taft, J., presiding. Judgment for the plaintiff. Both parties excepted, the court holding the defendant only liable for the boards. The defendant made a return on his warrants, which showed that the sale was advertised to be at the dwelling-house of Jerome Eastman.
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Trespass de bonis. Plea, general issue, and notice of justification under extents. Heard by the court, December Term, 1884, Taft, J., presiding. Judgment for the plaintiff. Both parties excepted, the court holding the defendant only liable for the boards. The defendant made a return on his warrants, which showed that the sale was advertised to be at the dwelling-house of Jerome Eastman. The court allowed the defendant, against the plaintiff's objection, on the ground that, it contradicted the return to prove by parol, that the sale of the hay was adjourned from said Eastman’s house to the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was an action de bonis asportatis for taking and carrying away the property described in the declaration. The defendant justified, as an officer, under *434two extents issued' by a justice of tbe peace against the plaintiff as a delinquent collector of taxes for the town of Hartland, and was allowed to show by his own evidence and the testimony of other witnesses that the sales of the property levied upon were adjourned by him from the places where it was advertised to be sold to the places where it was sold.
The question of the…
2Cases cited10 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Drake v. MooneySupreme Court of Vermont · 1859
- Jewett v. GuyerSupreme Court of Vermont · 1865
- In re HackettSupreme Court of Vermont · 1881
- Hathaway v. GoodrichSupreme Court of Vermont · 1833
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3Cited by4 opinions
- Rahm v. DomayerSupreme Court of Iowa · 1908
- Byrne v. WernerMichigan Supreme Court · 1904
- In re Russell Falls Co.District Court, D. Massachusetts · 1918
- Kendall v. HathawaySupreme Court of Vermont · 1894