15 Vt. 454 | Vt. | 1843
The opinion of the court was delivered by
The sole question is, whether the action of trover can be sustained upon the facts appearing in this case, That trover will lie, in an ordinary case, in favor of an officer against the receiptor of goods attached, was fully decided by this court in Sibley v. Story, 8 Vt. R. 15. But it is urged, that, in this instance, there was no sufficient attachment of the sheep, to vest in the officer the requisite legal interest to support this form of action. We are asked to treat the attachment, for the present purpose, as if no such property existed at the time of the alleged service of the writ, — to' regard it, in all respects, as a fictitious attachment. And whilst it is conceded that, in this view, it would be sufficient to uphold the contract of the receiptors, it is insisted that it cannot subject them in tort.
It is not my purpose to controvert the able argument which has been founded upon this view of the case. Did we consider that the transaction must necessarily be regarded