Carleton v. Taylor
Supreme Court of Vermont
Trespass, with a count in case. The first count alleged the taking of wood and lumber of the value of $6. The second alleged an assault, and an unlawful imprisonment in Chittenden County jail. The third alleged a fraudulent procurement from the United States District Court for the District of Vermont of an adjudication of bankruptcy against the plaintiff, whereby his property was seized, and his person arrested and committed to jail.
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Trespass, with a count in case. The first count alleged the taking of wood and lumber of the value of $6. The second alleged an assault, and an unlawful imprisonment in Chittenden County jail. The third alleged a fraudulent procurement from the United States District Court for the District of Vermont of an adjudication of bankruptcy against the plaintiff, whereby his property was seized, and his person arrested and committed to jail. The case was referred, and the referees reported in substance as follows: As to the first count we find that the defendant is guilty in manner and form as…
1Opinion of the Court
*226The opinion of the court was delivered by
Red field, J.
This action is trespass for alleged wrongs to the plaintiff’s person and property, with a count in case for fraudulently procuring the District Court of the United States to adjudge him a bankrupt, and thereby procuring his property to be seized, and his person arrested and committed to jail. The facts come to us on the referees’ report, and questions of law arising therefrom are submitted.
The plaintiff claims that defendant is liable as for a malicious prosecution, in procuring the plaintiff to be adjudged a bankrupt, and the proceedings…
2Cases cited4 opinions
- Barron v. MasonSupreme Court of Vermont · 1858
- Driggs v. BurtonSupreme Court of Vermont · 1871
- Aiken v. RichardsonSupreme Court of Vermont · 1843
- Bracket v. EastmanNew York Supreme Court · 1837
3Cited by16 opinions
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Ryan v. Orient InsuranceSupreme Court of Vermont · 1923
- Sartwell v. SowlesSupreme Court of Vermont · 1900
- Sparrow v. Vermont Savings BankSupreme Court of Vermont · 1921
- Vaughn v. CongdonSupreme Court of Vermont · 1883
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