Bent v. Bent
Supreme Court of Vermont
Action of replevin, entered in the county court, May term, 1869, Barrett, J., presiding, in which the defendant filed a motion to dismiss, and a plea in abatement. The plaintiff demurred to said plea, but made no point in respect to it, except that the writ, return, and bond were.not defective, and were sufficient in law. The court, on said motion and plea, dismissed the suit.
Read the full summary
Action of replevin, entered in the county court, May term, 1869, Barrett, J., presiding, in which the defendant filed a motion to dismiss, and a plea in abatement. The plaintiff demurred to said plea, but made no point in respect to it, except that the writ, return, and bond were.not defective, and were sufficient in law. The court, on said motion and plea, dismissed the suit. After said decision, the plaintiff moved the court, orally, that the officer who served said writ might be permitted to amend his return according to the fact, but did not state in what particulars. The court, as matter…
1Opinion of the Court
The opinion of the court was delivered by
Feck, J.
The plea in abatement is aimed at a supposed defect in the service of the writ, in relation to taking a replevin bond, as required by statute. After alleging that the writ was served on the 27th day of March, 1869, at Cavendish, by Joseph Adams, who then was and now is one of the constables of said town, by replevying the articles included in the return of said Adams, endorsed on said writ, and by delivering to the defendant a true and attested copy of said writ, and denying that the writ was served at any other time, or in any other manner, or…
2Cases cited1 opinion
- Miller v. CushmanSupreme Court of Vermont · 1866
3Cited by10 opinions
- Taylor v. MooreSupreme Court of Vermont · 1890
- Murphy v. PuntSupreme Court of Vermont · 1935
- Chase v. WatsonSupreme Court of Vermont · 1903
- Pond v. CampbellSupreme Court of Vermont · 1884
- H. K. Thurber & Co. v. Town of RichmondSupreme Court of Vermont · 1874
5 more not listed; retrieve them via the Exa API.