Evarts v. Burgess
Supreme Court of Vermont
TRESPASS, with a count in- trover, for eight cows, two horses, three harnesses, one plow, and one wagon, taken and sold by the defendant as constable, on an execution against the plaintiff and oné J. T. Evarts. Plea, the general issue, and notice of justification under process. Trial by the court, September Term, 1875, Royce, J., presiding.
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TRESPASS, with a count in- trover, for eight cows, two horses, three harnesses, one plow, and one wagon, taken and sold by the defendant as constable, on an execution against the plaintiff and oné J. T. Evarts. Plea, the general issue, and notice of justification under process. Trial by the court, September Term, 1875, Royce, J., presiding. It appeared that the plaintiff owned all of said property when taken by the defendant, except the cows, which he held as lessee of one Jonathan T. Evarts under a lease for ten years, wherein he stipulated to keep them in good condition, and return them at…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
There are' some reasons why authority to sheriffs and constables to post notices at one public place for the sale of personal property at another place, although it should be public and in the same town, might tend to make such sales to some extent secret and underhanded, when they should be to the fullest extent open and fair. In many and probably most of the towns in the state, there are public- places at which the notices might be posted and others where the sales might be had, so far distant from each other that none of the persons who…
2Cases cited3 opinions
- Drake v. MooneySupreme Court of Vermont · 1859
- Hall v. RaySupreme Court of Vermont · 1868
- Collins v. PerkinsSupreme Court of Vermont · 1859
3Cited by3 opinions
- Town of Hartland v. HackettSupreme Court of Vermont · 1884
- Wilson v. BlakeSupreme Court of Vermont · 1880
- Fitzpatrick v. PeabodySupreme Court of Vermont · 1878