Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1847-05-21
Court Calendar.
WINDSOR COUNT.
supreme Court, March 1917.
Reported for the Free Press

Reported Tor the Free Press
WILLIAM BURroN PERKIvs y. WILEY Trcspass
for taking certain personal property The paiutif in
December 1912, constable OF Weston attached The
property i'll question, wrs made returnable 10 The
next May Term OF the Windsor County Court and
lett 1t IN custody OF one Dean, who was then engaged
under contract with the debtors in nanutnctn rnr
portion of the property, being hides in the process Of
tanning, and agreed with Dean 10 AXE charre of the
property and complete the manufacture of il Dean
went on under ms contraci with the planuh'; and II
did not appear that Dean and the debtors mt nm end
to the contract between them, or that the plaintiff had
any lease of the building in which the prou.rtv was
kept or that the debtors ntertered with The paintitTs
possession, through his agent Dean Dean locked the
building, whenever he lett it, In March, 1913 the de-
itndant WIS electedconstable OF Weston in place Of
the plaintiff, and wrts of attachment against the sa,
debtors were put into his hands aud he attached
tcreon the same property prey lousy attached by the
plainui-6erng the property now sued for In order
TO make the attachment the defendant entered the
building through back passage, which had been left
uniastened. The wrllS which all the attachments
Were made, were duly entered in court and judgments
were obtained, and the executions were placed in the
defendants hands m season TO charge the propery
and the defendant disposed Of the property and applied
the ayalls upon the executions IN The suits where the
"rts had been served by himself and left the execu-
ions nnsatisied' in the suits in which service was
made by the plaintiff This action was commenced
previous TO Judgment being obtained in any OF the
suits.
At the trial in the county court the plaintiff called
one Johnson as witness, who declined testitynr ior
the reason that he was OF the creditors ON whose
he was excused by the court The plaiuuf then OF
tered aud was allowed to prove the declarations of
Johnson. The county court rendered Judgment for
the plaintiff Tor the ull value of all the property taken
by the defendant Exceptions by defendant Arpu-
ment by o. y. Chandler and " Richardson for de-
endant and by l. W Richardson and J. Conrerse
for plaintiff
The Court, Per RoyoF, J., held that if the plaintiff
Kept exclusive possession OF the property his posses.
sion was not liable 10 be disturbed by another officer
Notwithstanding he had ceased to be constable. and
could not be compelled 10 be specially deputizcd Thai
the most another oitcer could do would be IN attach
the property, without removing H. giving notice 10 the
plaintiff, and thereby fixing him as baiee THAI The
aetS showed 'hat ihe painful kept sufficient possession
OF Tue property that the plaintiff entire action cond
not be defeated by matter happening subsequent 10 ,,s
commencement unless by act of the plaintiff or bv %,
press statute that the action was founded unon n
ilShuW cam but that the plaintiff was not entitled
70 leoo'ef on the GROUND OF his responsibility TO the
uTp'3s Tor the reason that the property had been an
pied upon debts due from them and n WAS
10 thelh which set OF creditors received il thar he
could not recover on the ground OF his responsibility
70 lhe creditors Tor whom he attached for The reason
nut uey charged the property by placing their exccu,
ions IN due season in the hands of the defendant in
whose possession the property then was and Tins ds
charged the painful from all liability TO them il being
he sh,lie as uough the property had been demanded
rom nm upon those executions and surrendered by
mn ana tha' the painuh was therefore entitled to
recover only nominal damages.
The Court also held that there was no error i'm the
court below IN eNcusng Johnson from giving tesii
lnony as witness IN the case, and in nduittinr ey
dence OF the declarations of johnson when Offered h,
the painuii, Judgment affirmed tor nominal dam
ages by consent
SOLOMON DowNER T. CLARK CHANvrRrAtV Dh
on Judgment The defendant pleaded his discharp,
IN bankruptcy, and SET forth at length the proreedn
anterior Ia the discharge and among other thurs II
legged that notice OF his petition to be decrecd bank