Lowry v. Walker
Supreme Court of Vermont
This was an action of trover for a quantity of hay and grain in the straw, which had been taken by the plaintiff, us Sheriff of Chittenden County, upon sundry writs of at-* tachment against one Elihu C. Barber in favor of several different creditors.
Read the full summary
This was an action of trover for a quantity of hay and grain in the straw, which had been taken by the plaintiff, us Sheriff of Chittenden County, upon sundry writs of at-* tachment against one Elihu C. Barber in favor of several different creditors. It appeared that the hay and grain were in stacks and in barns upon the farm of said Barber, and that said attachments were made by leaving copies at the Town Clerks office, and at the debtors house ; but the property was not removed. It was proved that judgements were recovered in all the actions, before the commencement of this trial, except in…
1Opinion of the CourtPhelps, J.
It is insisted in this case, that pároli evidence is not admissible to prove the issuing of the execution, in the suit of Emerson and Orvis and the delivery of the same to the Sheriff, for the purpose of shewing, that the Sheriff’s lien on the property continued till the time of the conversion. Were this a new question, we should have no doubt of the legality of such evidence to establish the point, inasmuch as the issuing, of execution and the delivery to the Sheriff are mere matters in pais. The record, generally speaking, terminates with the judgement ; and although in some cases, the…
2Cited by5 opinions
- Sibley v. StorySupreme Court of Vermont · 1836
- Derrick v. ColeSupreme Court of Arkansas · 1895
- Dufour v. AndersonIndiana Supreme Court · 1884
- Gibbs v. ChaseMassachusetts Supreme Judicial Court · 1813
- Hopkins v. Atlantic & Saint Lawrence RailroadSupreme Court of New Hampshire · 1857