1841 Vermont Writ of Attachment – Chittenden County – Woodruff v. Phelps Smith & Sylvester Ward
A three-piece legal archive from Chittenden County, Vermont, dating to August–December 1841, documenting a civil debt action brought by Elisha A. Woodruff of Milton against defendants Phelps Smith and Sylvester Ward, both of Milton, Vermont.
Document 1 – Sheriff's Return (August 11, 1841)Handwritten endorsement on the reverse of the writ recording service by Deputy Sheriff N. Woodruff. The officer certifies he served the writ by attaching the bodies of both named defendants, reading the same in their hearing, with Harmon Woodruff becoming bail for each. Travel fees of 14 miles at $4, plus readings and bail at $0.50, totaling $1.54 in fees. Signed. A second notation dated August 25, 1841, signed by Jacob Nackey (?), attorney for the defendants, states his opinion that the defendants have been overcharged from the facts and that they have a good defense.
Document 2 – Case Docket Cover SheetFolded docket wrapper endorsed in blue ink: Elisha A. Woodruff vs. Phelps Smith & Sylvester Ward, case no. 58, dated C.C. Ct. Augt. 7, 1841, attorney Chas. H. Perigo, Atty. Financial notations record damages of $355.50, costs of $20.50, total judgment of $376.00. Execution issued December 6, 1842, signed W. Noble, Clerk. Red ink notation: Recorded in Vol. 21, p. 197 – W. Noble, Clerk.
Document 3 – Original Writ of Attachment (August 10, 1841)Printed form on period paper, completed in manuscript. Issued by the State of Vermont, Chittenden County, commanding the Sheriff to attach the goods, chattels, or estate of Phelps Smith and Sylvester Ward, both of Milton, to the value of $600. The writ recites the underlying cause of action: a promissory note signed by the defendants on November 28, 1838, at Milton, promising to pay Elisha A. Woodruff $300 in six months with interest. Despite repeated requests, the defendants failed to pay. Damages claimed: $600. Dated at Milton, August 10, 1841, signed by Justice of the Peace Orra Holbrook and attorney Chas. H. Perigo. Defendant recognizance noted at $30 for costs of prosecution.
Condition: Very good for age. Toning consistent with 180+ years. Handwriting clear and largely legible throughout. Folds from original filing.
Provenance: From a collection of Vermont legal ephemera.
