Dow v. School District No. 12
Supreme Court of Vermont
Assumpsit to recover for building a school-house for the defendant. The defendant by their attorney, filed a motion to dismiss, because “ the writ, as appears by the return thereon, which is referred to, was served by delivering a copy thereof to the wife of the clerk of said district, and was never served in any other manner than above stated.”
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Assumpsit to recover for building a school-house for the defendant. The defendant by their attorney, filed a motion to dismiss, because “ the writ, as appears by the return thereon, which is referred to, was served by delivering a copy thereof to the wife of the clerk of said district, and was never served in any other manner than above stated.” The return on the writ showed that the officer attached certain personal property of the defendant, and that he “ left a true and attested copy of said writ at the house of the then usual abode of Samuel Harrington, the clerk of school district No. 12…
1Opinion of the Court
The opinion of the court was delivered by
Rbdfield, J.
This action is assumpsit to recover pay for building a school-house.
I. The defendant moved to dismiss the suit for want of legal service. The motion to dismiss was filed on the 11th of July, and more than a month after the time for filing dilatory pleas, by the rules of practice, had elapsed. The defendant claims that the case was entered on the docket, out of time, and that the motion was filed seasonably after the case was entered. The case could *111not properly be entered after three days, except by leave of the court; and if the right to…
2Cases cited1 opinion
- Wheelock v. SearsSupreme Court of Vermont · 1847
3Cited by5 opinions
- Wade v. Wade's Admr.Supreme Court of Vermont · 1908
- Green v. DodgeSupreme Court of Vermont · 1906
- Green v. LaClairSupreme Court of Vermont · 1916
- Murphy v. PuntSupreme Court of Vermont · 1935
- Gokey v. Boston & M. R. Co.U.S. Circuit Court for the District of Vermont · 1904