Batchelder v. Barber

Supreme Court of Vermont

Batchelder v. Barber

67 Vt. 254

CourtSupreme Court of Vermont

DecidedOctober 15, 1894

StatusPublished

Cited by1 cases

This text of 67 Vt. 254 (Batchelder v. Barber) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Batchelder v. Barber, 67 Vt. 254 (Vt. 1894).

Pincite

Opinion

TAFT, J.

Two questions were argued in this cause by the counsel for the defendant, but it is unnecessary to consider them, for the plaintiff concedes that he cannot recover the amount of the draft in question, for that it does not appear that the defendant while residing without the state did not have known property within the state that could have been attached by the common process of law. To entitle him to recover, it was necessary he should establish that fact. Stevens v. Fisher, 30 Vt. 200.

Judgment reversed, and judgment for the plaintiff ■for the smaller sum named in the report.

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TAFT, J.

Two questions were argued in this cause by the counsel for the defendant, but it is unnecessary to consider them, for the plaintiff concedes that he cannot recover the amount of the draft in question, for that it does not appear that the defendant while residing without the state did not have known property within the state that could have been attached by the common process of law. To entitle him to recover, it was necessary he should establish that fact. Stevens v. Fisher, 30 Vt. 200.

Judgment reversed, and judgment for the plaintiff ■for the smaller sum named in the report.

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Bluebook (online)

67 Vt. 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/batchelder-v-barber-vt-1894.

Opinion

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