Felker v. Emerson
Supreme Court of Vermont
Trover for a wagon, two horses, several head of neat cattle, and a quantity qf hay. Plea, not guilty, and trial by jury.
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Trover for a wagon, two horses, several head of neat cattle, and a quantity qf hay. Plea, not guilty, and trial by jury. It appeared, on trial, that the property sued for was attached and taken by the defendant, as deputy sheriff, in February, 1841, on two writs of attachment in favor of one Enos against the plaintiff, andc that, immediately upon the attachment being made, all the property, except the hay, was received by the defendant, and put into the care and keeping of one Merrill, a neighbor to thé plaintiff; that the hay in question was carried from time to time from the plaintiff’s…
1Opinion of the Court
The opinion of the court was delivered by
Hbbard, J.
Had the officer a lien upon this property for his services, after the attachment was dissolved by a settlement of the suit? In making this attachment the officer is the agent and servant of the plaintiff, and, before the attachment is dissolved by a settlement of the suit by the parties, or by a final judgment in favor of the defendant, he has an imperfect lien upon the property. But *104there are a variety of ways in which the lien may be lost. If the defendant in the suit recover a final judgment in the suit, the attachment is dissolved, and…
2Cited by6 opinions
- Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
- Meyers v. C. I. T. CorporationSupreme Court of Connecticut · 1945
- Cutler v. JenningsSupreme Court of Vermont · 1925
- Wheeler v. SeldenSupreme Court of Vermont · 1890
- Templeton v. Capital Savings Bank & Trust Co.Supreme Court of Vermont · 1904
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