13 Vt. 504 | Vt. | 1841
The opinion of the court was delivered by
The opinion and charge of the county court, in this case, that the plaintiff was not entitled to recover, no doubt proceeded upon the ground that the plaintiff had no such in
The fact, that Kidder stated, when the defendants drove away the property, that he took it upon an attachment against Bracket, amounted to nothing. No process was shown; none given in evidence or offered on the trial. The defendants, then, must stand, not only as strangers, but even without any color of right. If, then, we were even to hold, as in Massachusetts and New York, that the receipt-man had no property whatever in the chattels, for which this action was brought, but only a" mere naked custody, still, his possession and responsibility over to the officer, who
We have been led to a more full examination of this question, in consequence of the opposing decisions in Massachusetts and New-York, than we should otherwise have
The judgment or the county court must therefore be reversed, and the case remanded for a new trial.