McKenzie v. Ransom
Supreme Court of Vermont
This was an action upon a promissory note, and was commenced by trustee process. The writ was dated October 11, 1848, and was made returnable before a justice of the peace, October 20, 1848. John McKenzie, 2d, recognized to the defendant and the trustees, as sureties for costs, in the form required by statute, and he was also specially authorized to serve the writ, by the justice who signed it; and it appeared from his return upon the writ, that he served the writ upon the…
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This was an action upon a promissory note, and was commenced by trustee process. The writ was dated October 11, 1848, and was made returnable before a justice of the peace, October 20, 1848. John McKenzie, 2d, recognized to the defendant and the trustees, as sureties for costs, in the form required by statute, and he was also specially authorized to serve the writ, by the justice who signed it; and it appeared from his return upon the writ, that he served the writ upon the trustees, October 11,1848, “by delivering to each of them a true and attested copy of the same.” At the return day of the…
1Opinion of the Court
*329The opinion of the court was delivered by
Redfield, J.
The fact, that the person, who was deputed to serve the writ in this case, was also recognized for costs to the defendant, would, I apprehend, be esteemed sufficient reason, why he should not have been appointed lo serve the writ, and probably might have been made the basis of a plea in abatement, by the principal defendant in the suit, — possibly by the trustee; but it was very clearly mere matter of abatement, and, being matter dehors the record, could only be objected to by plea. This right is also claimed by the claimant. But we do not…
2Cases cited6 opinions
- Newton v. AdamsSupreme Court of Vermont · 1832
- Pearson v. FrenchSupreme Court of Vermont · 1837
- Nelson v. DenisonSupreme Court of Vermont · 1843
- Huntington v. CobleighSupreme Court of Vermont · 1833
- Cox v. JohnsSupreme Court of Vermont · 1840
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3Cited by3 opinions
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