Steele v. Lyford
Supreme Court of Vermont
RbpleviN for a horse taken by defendant, as sheriff, on a writ against the plaintiff. Heard on a referee’s report, March Term, 1886, Washington County, Powers, J., presiding. Judgment pro forma on the report for the defendant. The case is stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The question presented is, whether the keeping of this horse,, with an honest intention of using it for team work within a reasonable time, is sufficient to exempt it from attachment:
In Rowell v. Powell, 53 Vt. 302, the phrase “kept and used,” found in the statute, was, in effect, defined to mean that the animal must be kept, and have been actually used, for team work, or be kept with an honest intention of so using it within a reasonable time. This case fulfills the alternative of that definition.
Present use is not necessary. Past use may be…
2Cases cited2 opinions
- Dow v. SmithSupreme Court of Vermont · 1835
- Rowell v. PowellSupreme Court of Vermont · 1880
3Cited by3 opinions
- Gollnick v. MarvinOregon Supreme Court · 1911
- Hooper, Tr. in Bankruptcy v. KennedySupreme Court of Vermont · 1927
- Prescott v. StarkeySupreme Court of Vermont · 1898