Swetland v. Stevens
Supreme Court of Vermont
This was a plea in abatement, for that it does not appear by the return that any copy was left with the defendant, or at his' place of abode, though his goods were attached and he resided in the state. Demurrer and joinder. The judgment in the county court was, that the writ abate. Exceptions by plaintiff. — The' defendant has not pleaded a fact, but the evidence of a fact. He should have averred that no copy was left, not that it does not so appear by the return, &c.
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This was a plea in abatement, for that it does not appear by the return that any copy was left with the defendant, or at his' place of abode, though his goods were attached and he resided in the state. Demurrer and joinder. The judgment in the county court was, that the writ abate. Exceptions by plaintiff. — The' defendant has not pleaded a fact, but the evidence of a fact. He should have averred that no copy was left, not that it does not so appear by the return, &c. The plea is argumentative and bad. — 1 Chitty, 216. The copy might have been waived or delivered in season by a third person,…
1Opinion of the Court
The opinion of the court was delivered by
Collameb, J.
— The statute provides, tyhen goods and chattels are attached, “ a copy of said attachment and a list of the articles attached, attested by the officer serving the same, shall be delivered to the party whose goods and chattels are so attached, or left at the house of his, her or their usual abode, as is directed in service of summons.” As to the service of summons, it is provided, that a true and attested copy thereof, with the officer’s return, shall be delivered to the defendant, or left at the house of his usual abode, with some person…
2Cases cited1 opinion
- Marvin v. WilkinsSupreme Court of Vermont · 1826
3Cited by2 opinions
- Standley v. ArnowSupreme Court of Florida · 1869
- Clark & Freeman v. PattersonSupreme Court of Vermont · 1886