Society for propagating the Gospel in foreign parts v. Ballard
Supreme Court of Vermont
This was an action of ejectment. The writ was duly served on William Ballard, and a regular non est inventus was made as to the person and property of Arden Ti. Ballard. The action was entered on the docket of the county court, as against both defendants.
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This was an action of ejectment. The writ was duly served on William Ballard, and a regular non est inventus was made as to the person and property of Arden Ti. Ballard. The action was entered on the docket of the county court, as against both defendants. And after one or two continuances, the court, at the request of the plaintiffs, made an order that notice to Arden H. Ballard, of the pendency of the action against him, be published in the newspapers, the same as though the writ had been duly served, upon him. This order of notice was published in the newspapers, as required by the court;…
1Opinion of the CourtBaylies, J.
delivered the opinion of the Court. — The statute requires, that ejectment should," in all cases be as well against the “ landlord or landlords, if any there be, as against the tenant, or *122«' tenants in possession of the premises demanded ; and if any “ such action be otherwise brought, the same shall, on motion, be-abated.” — (Revised Statutes, chap. 7, a. 88.) When the writ issues against the landlord and tenant, and is delivered to a proper officer to serve and return, and the officer serves the writ on the tenant, and makes a non est inventus as to the person and property of the landlord,…
2Cited by4 opinions
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- Mercantile Trust Co. v. Lamoille Val. R.U.S. Circuit Court for the District of Vermont · 1879
- Harvard Trust Company v. BraySupreme Court of Vermont · 1980
- Hearn v. Mark H. Wentworth Home for Chronic Invalids (In re Hearn)United States Bankruptcy Court, D. Vermont · 1994