Merritt v. Miller
Supreme Court of Vermont
Trespass, for taking and carrying away a quantity of corn. Plea, not guilty, and trial by jury. On the trial in the county court, the plaintiff, who was deputy sheriff, proved that he attached the corn in question, by virtue of two writs, against Elisha Clark, as said Clark’s property, on which writs judgments were afterwards rendered against said Clark.
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Trespass, for taking and carrying away a quantity of corn. Plea, not guilty, and trial by jury. On the trial in the county court, the plaintiff, who was deputy sheriff, proved that he attached the corn in question, by virtue of two writs, against Elisha Clark, as said Clark’s property, on which writs judgments were afterwards rendered against said Clark. He also gave testimony tending to prove, that, having said writs for service, he went to the field where this corn, which was raised by said Clark, stood in stooks, and proceeded to attach it, and counted the stooks, when the defendant came,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is trespass for certain personal property. The plaintiff’s claim of title rested upon an attachment upon mesne process, against Elisha Clark, the plaintiff being a known public officer.
The defendant claimed to have acted as the servant of one Williams, who claimed the property by purchase from Clark before the attachment. The property, being corn in the stook, was raised by Clark on the land of one Allen, (upon shares,) and, after the sale to Williams, by permission of Allen, remained on the land in the same condition it was in before…
2Cited by8 opinions
- Flanagan v. WoodSupreme Court of Vermont · 1860
- Sanborn v. KittredgeSupreme Court of Vermont · 1847
- State v. RichardsonSupreme Court of New Hampshire · 1859
- State v. BuchananSupreme Court of Vermont · 1845
- Fuller v. RouncevilleSuperior Court of New Hampshire · 1854
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