Blood v. Crandall
Supreme Court of Vermont
Scibe eacias against the defendant, as hail for Michael Fallon, The declaration averred that the plaintiff, on the 16th of June, 1851, took out his writ of attachment against Michael Healey and Michael Fallon, both of the state of New York, in an action of book account, and delivered the same to John J. Crandall to. serve, &c.,- — and that he served said writ, by arresting the body qf said Fallon, and that the defendant became bail and surety for the said Fallon, &c., — that…
Read the full summary
Scibe eacias against the defendant, as hail for Michael Fallon, The declaration averred that the plaintiff, on the 16th of June, 1851, took out his writ of attachment against Michael Healey and Michael Fallon, both of the state of New York, in an action of book account, and delivered the same to John J. Crandall to. serve, &c.,- — and that he served said writ, by arresting the body qf said Fallon, and that the defendant became bail and surety for the said Fallon, &c., — that the writ was returned and entered in court, and such proceedings had thereupon that the plaintiff recovered a judg?…
1Opinion of the Court
The opinion of the court was delivered by
Redeibld, Ch. J.
The first question made in the case is, iñ regard to the sufficiency of the record to show a-valid judgment against both defendants, in the original action. There was a non est inventus return as to Michael Healey, but the record expressly states that both defendants appeared, by attorney, and answered in the action. Tins, of itself, was sufficient to give the court jurisdiction in the action as to both defendants, when there was no service at all, as there was not here, as to the defendant Healey; Spalding v. Swift, 18 Vt. 214. After…
2Cases cited3 opinions
- Aiken v. RichardsonSupreme Court of Vermont · 1843
- Newcomb v. PeckSupreme Court of Vermont · 1845
- Spaulding v. SwiftSupreme Court of Vermont · 1846
3Cited by2 opinions
- Reynolds v. RomanoSupreme Court of Vermont · 1922
- Reed v. LaneSupreme Court of Vermont · 1889