Fletcher v. Cole
Supreme Court of Vermont
Trespass for a lot -of pine hoards. Plea, the general issue, and trial by jury. On trial the plaintiff -offered in evidence a copy of an 'attachment, and judgment, and-execution thereon, issued by the Chittenden County Court, September Term, 1848, in fkvor -of Edwards & White, against one Myers.
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Trespass for a lot -of pine hoards. Plea, the general issue, and trial by jury. On trial the plaintiff -offered in evidence a copy of an 'attachment, and judgment, and-execution thereon, issued by the Chittenden County Court, September Term, 1848, in fkvor -of Edwards & White, against one Myers. The plaintiff also offered evidence tending to prove that he was 5n November, 1848,'constable of Colchester? that plaintiff attached the lumber in September 1847, and that after he had so attached it, the defendant sold the same to one Ford, who took the lumber, and converted it to his own use. It…
1Opinion of the Court
The opinion of the court was delivered by
Red field, Ch. J.
1. We think the return of the attachment must be regarded, as sufficient to create a lien. The return of the service might not have been good upon a plea in abatement, but *176the judgment would be good until reversed in some way, and the return, with such reasonable intendments, as we are bound to make, in such cases, must be regarded as sufficient, we think. The removal was no doubt all, that would be necessary to constitute an attachment, or to malee the officer liable to the debtor for the property, after the creditor’s lien was gone.…
2Cases cited1 opinion
- Moore v. Administrator of RichSupreme Court of Vermont · 1840
3Cited by4 opinions
- Jewett v. GuyerSupreme Court of Vermont · 1865
- Paul v. BurtonSupreme Court of Vermont · 1859
- Pierce v. SpaffordSupreme Court of Vermont · 1881
- Houston v. BlakeSupreme Court of New Hampshire · 1861