Winchell v. Pond
Supreme Court of Vermont
. Assumpsit upon a promissory note. The action was commenced ’before a justice of the peace and came to the county court by appeal. At the term at which the appeal was entered, the defendant moved .that the action be dismissed, for the alleged reasons, that the original writ was made by the constable, who served the same, and that no sufficient recognizance was taken to the defendant for his costs.
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. Assumpsit upon a promissory note. The action was commenced ’before a justice of the peace and came to the county court by appeal. At the term at which the appeal was entered, the defendant moved .that the action be dismissed, for the alleged reasons, that the original writ was made by the constable, who served the same, and that no sufficient recognizance was taken to the defendant for his costs. It appeared, that the writ was served by the constable of Poultney, and that he filled the writ at the request of the attorney for the plaintiff and under his supervision. It also appeared, that…
1Opinion of the Court
*200The opinion of the court was delivered by
Davis, J.
One of the grounds, on which the motion to dismiss was made, — that is, the not taking a proper recognizance for costs on issuing the writ, — seems not to have been passed upon by the county court; of course it is not before us. The only question is, whether the county court were right in dismissing the action; for the reason that the original writ, which was returnable before a justice of the peace, was made or filled up by the constable of Poultney, who served the same.
The motion is founded upon section 26 of chap. 11 of the Revised…
2Cited by4 opinions
- Huhn v. LangSupreme Court of Missouri · 1894
- Hunt v. ViallSupreme Court of Vermont · 1848
- State v. DrewSupreme Court of Vermont · 1878
- Walworth v. FarwellSupreme Court of Vermont · 1868