Legal Opinion

Keniston v. Stevens

Supreme Court of Vermont

Decided January 15, 1894PublishedCited by 3 opinions

Replevin. Plea, the general issue with notice that the defendant claimed the property under an attachment made by him as constable. Trial by jury at the February term, 1893, Orleans county, Ross, C. J., presiding. The court directed a verdict for the defendant. The plaintiff excepts. The defendant’s return on the original attachment was defective and he did not take possession under his execution until March 8, when he knew the plaintiff’s claim.

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Replevin. Plea, the general issue with notice that the defendant claimed the property under an attachment made by him as constable. Trial by jury at the February term, 1893, Orleans county, Ross, C. J., presiding. The court directed a verdict for the defendant. The plaintiff excepts. The defendant’s return on the original attachment was defective and he did not take possession under his execution until March 8, when he knew the plaintiff’s claim. Cheaver v. Meyer, 53 Vt. 66; Green v. Kelley, 64 Vt. 309.

1Opinion of the CourtTyler, J.

Replevin of four cows: plea and notice that the defendant was constable of Derby and took the property upon an execution in favor of one Conway v. A. J. Bedell.

It appeáred on the trial in the court below that on October 13, 1890, Bedell purchased these cows and other live stock of B. O. Davis, and gave him his promissory note therefor for ninety dollars, payable as follows: forty-five dollars March 1, 1891, and forty-five dollars October 13, 1891, with interest. He also gave him a lien on the stock which was duly recorded, and the stock was placed upon a farm which Bedell occupied with…

2Cases cited6 opinions

  1. Paul v. BurtonSupreme Court of Vermont · 1859
  2. Barnard v. StevensSupreme Court of Vermont · 1828
  3. Barron v. SmithSupreme Court of Vermont · 1890
  4. West River Bank v. GorhamSupreme Court of Vermont · 1866
  5. Rogers v. Town of FairfieldSupreme Court of Vermont · 1864

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Ravine House Co., Inc. v. BradstreetSupreme Court of Vermont · 1930
  2. Rodrigue v. BironSupreme Court of Vermont · 1986
  3. Stearns v. SilsbySupreme Court of Vermont · 1902

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