Bennett, White & Co. v. Allen
Supreme Court of Vermont
Replevin. The action was brought to recover the possession of certain personal property which the plaintiffs claimed belonged to them, and which the defendant, as a deputy sheriff; had attached, and was holding as the property of another person.
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Replevin. The action was brought to recover the possession of certain personal property which the plaintiffs claimed belonged to them, and which the defendant, as a deputy sheriff; had attached, and was holding as the property of another person. The defendant, at the first term after the commencement of the action, moved to dismiss the same, because the plaintiffs, or some one in their behalf, had not executed to the defendant and delivered to the officer serving the writ, a bond according to the requirements of the statute, the bond executed and delivered not being in sum equal to double the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The grounds of the motion to dismiss the proceedings appear of record, and as the motion was, in this case, filed within the time for pleading in abatement whatever would be good cause of abatement is good cause to dismiss the action on this motion, as the defects appear of record. The question now before us, is not whether a suit could be sustained upon this bond, if there had been no plea in abatement or a motion to dismiss, and a return of the property had been awarded. I confess, however, I should find difficulty in holding that this…
2Cases cited1 opinion
- Moors v. ParkerMassachusetts Supreme Judicial Court · 1807
3Cited by3 opinions
- Shapiro v. ReedSupreme Court of Vermont · 1924
- Eddy v. DavisSupreme Court of Vermont · 1862
- Crawford v. CrawfordSupreme Court of New Hampshire · 1860