McNeice v. Weed
Supreme Court of Vermont
Slander. Plea in abatement and demurrer thereto. The plea was as follows: And now comes, &c., and defends, &c., when, &c., and says; that the writ in the above entitled cause ought' to abate, because he says, that the said writ was served on him at Topsham, in said Orange County, on the 23d day of May, 1872, by E. T. Smith, a deputy sheriff, by arresting his, the said defendant’s, body, and that James Burns and others became surety for him by indorsing their names on the…
Read the full summary
Slander. Plea in abatement and demurrer thereto. The plea was as follows: And now comes, &c., and defends, &c., when, &c., and says; that the writ in the above entitled cause ought' to abate, because he says, that the said writ was served on him at Topsham, in said Orange County, on the 23d day of May, 1872, by E. T. Smith, a deputy sheriff, by arresting his, the said defendant’s, body, and that James Burns and others became surety for him by indorsing their names on the back of said writ as bail thereon (the writ is referred to and made part of this plea) ; and that the said defendant…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The return shows all that was necessary to be done, to constitute effectual service, unless the giving of a copy of *730the writ was necessary as part of the service. The law does not require that to be done in the first instance, as in the case of attaching personal property. The service is made of writs against the body by arresting the body and exhibiting the process, and that constitutes full service, so far as either plaintiff or defendant is concerned, for every purpose of such service, unless the defendant requires a copy. The duty of…
2Cases cited1 opinion
- McMahan v. EdgertonSupreme Court of Vermont · 1861
3Cited by1 opinion
- Ackerman v. FrenchSupreme Court of Vermont · 1916