Town of Charlotte v. Webb
Supreme Court of Vermont
This was an action brought in the county court upon a bond executed by the defendants to the selectmen of the town of Charlotte, naming them, conditioned as follows: “ The condition of the above obligation is such, that whereas the above named Aaron B. Webb has this day, by the inhabitants of said town of Charlotte, in legal meeting, been duly chosen first constable and collector of town taxes in said town for the year ensuing now in case the said Aaron B. shall well and…
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This was an action brought in the county court upon a bond executed by the defendants to the selectmen of the town of Charlotte, naming them, conditioned as follows: “ The condition of the above obligation is such, that whereas the above named Aaron B. Webb has this day, by the inhabitants of said town of Charlotte, in legal meeting, been duly chosen first constable and collector of town taxes in said town for the year ensuing now in case the said Aaron B. shall well and truly execute and discharge the duties of his said offices respectively, and every part thereof, and save the inhabitants…
1Opinion of the Court
*48The opinion of the court was delivered by
Williams, Ch. J.
The questions in this case arise both from the judgment rendered by the county court on the plea in abatement, an(j the decisions made at the trial of the issues joined to the jury.
The original writ was served by a constable of the town of Charlotte. It is contended for the defendants, that the court, for this cause, should have abated the writ, on motion and without plea. Where there is a want of jurisdiction in the court, or where the writ is itself a nullity, so that a judgment thereon would be incurably erroneous, it would be the…
2Cited by5 opinions
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- Hammond & Draper v. Wilder & LockeSupreme Court of Vermont · 1853
- Shaw v. BaldwinSupreme Court of Vermont · 1860
- Northumberland v. CobleighSupreme Court of New Hampshire · 1879
- Craig v. Sullivan Machinery Co.Appellate Court of Illinois · 1930